Marler Blog

November 29, 2025

ByHeart Infant Formula went to 21 Countries. Are infants ill? Are they getting the BabyBIG botulism anti-toxin?

The FDA has published the following warning: Consumers worldwide should not use any ByHeart brand infant formula as all ByHeart products are included in this recall. As we know, as of November 26, 2025, a total of 37 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various […]

February 19, 2010

Wyoming Legislature set to pass House Bill 54 – The “Bill Marler Full Employment Act” – Thank you Sue Wallis.

Thank you Rep. Sue Wallis, R-Recluse, Wyoming. Like the Seattle Times, how did you know that I did not have enough work suing Cargill, Nestle, Con Agra, McDonald’s, Peanut Corporation of America, Kellogg, Dole, Nebraska Beef, Whole Foods, Jack in the Box, Taco Bell, Wendy’s, etc., in food poisoning cases? How did you also know […]

February 18, 2010

FDA Establishment Inspection Report U.F. Union International Food Co., Inc. White Pepper Salmonella Outbreak 2009

As this more recent Salmonella Black and Red Pepper outbreaks twists slowly in the wind, I spent some of today re-reading the FDA Establishment Inspection Report on U.F. Union International Food Co., Inc. White Pepper Salmonella Outbreak 2009.  Harris Freeman appears to be the importer of the raw white pepper. The report is a bit […]

February 18, 2010

Salmonella found in Nestle Chocolate Morsels Tests

More bad news for cookies. Nestle Chocolate morsels manufactured in Burlington, Wisconsin were tested for Salmonella recently and were positive as reported by Western Racine County Health Officials on Thursday. In addition, according to a Nestle spokeswoman, Laurie MacDonald, the product was not shipped to costumers therefore there will be no recall. The test occurred […]

February 18, 2010

Meat Recalls in the Age of Obama

In so many ways, January 20, 2009 ushered in a new era in American politics (my wife and kids stood in the cold and were seated just below the President).  A charismatic leader with an agenda of hope and change took the reins in a time of great trouble on many fronts in this country.  […]

February 17, 2010

Lawsuit on Behalf of California Woman Fatally Sickened by Salmonella Pepper

A Salmonella lawsuit will be filed this week on behalf of the daughter of a Huntington Beach woman who died in 2009 from a Salmonella infection contracted from tainted pepper. The lawsuit will be filed against U. F. Union International Food, which produced the spices as well as against the companies that sold and distributed […]

February 17, 2010

Daniele International Inc recalls another 115,000 pounds of Salami due to Salmonella – This time Red Peppers?

According to a FSIS release late yesterday, Daniele International Inc., an establishment with operations in Pascoag and Mapleville, R.I., is expanding its January 23 recall to include approximately 115,000 pounds of salami/salame products that may be contaminated with Salmonella, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The recall is […]

February 16, 2010

FDA Letter Hits Kellogg for Multiple Food Safety Violations

This is just too good not to print in full: January 27, 2010 VIA FEDERAL EXPRESS A.D. David Mackay, President & CEO Kellogg Company 1 Kellogg Square Battle Creek, MI 49017 WARNING LETTER (10-ATL-07) Dear Mr. Mackay:On October 22-29, 2009, the U.S. Food and Drug Administration (FDA) conducted an inspection of your frozen food manufacturing […]

February 16, 2010

Daniele, Inc. Black Pepper Salami Positive for Salmonella Montevideo and Senftenberg

We have known for some time now that Daniele Inc.’s recalled salami products, and black pepper sold by Overseas Spice Company and Wholesome Spice, were contaminated with more than one strain of Salmonella. We have also known for some time that the strains involved, or at least two of them, are Montevideo and Senftenberg. But […]

February 16, 2010

E. coli, Salmonella and Hepatitis A Litigation Sites Updated

We at Marler Clark developed E. coli, Salmonella and Hepatitis A litigation sites to keep our clients up-to-date on current litigation being prosecuted by Marler Clark throughout the United States. The site is also a resource for Marler Clark co-counsel, print and broadcast media who are working on stories about outbreaks and outbreak-related litigation, and […]

February 16, 2010

Salmonella Montevideo Sickens 230 – Link is Black Pepper Salami – California, Illinois, Massachusetts and Washington hardest hit

CDC reports 230 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related PFGE patterns, have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ […]

February 16, 2010

Beef Products Inc (BPI) to go “transparent” – Really?

I missed (OK, I was not invited) the National Meat Association’s annual conference where Eldon Roth, Founder and Chairman of Beef Products Inc., announced that the company will post on its Web site 100 percent of its results from the processor’s testing for E. coli O157:H7 and Salmonella. According to Meatingplace: "We’re going to be […]

February 13, 2010

Huntington Meat Packing Inc., Expands Recall by 4,900,000 Pounds of Beef Products due to Possible Adulteration – Criminal Investigation Pending

Recall Release CLASS I RECALL FSIS-RC-004-2010 HEALTH RISK: HIGH Editor’s Note: This recall release is being reissued to expand the January 18 recall to include approximately 4.9 million additional pounds of beef and veal products, and to correct net weights from 40 lbs. to 50 lbs. in five instances in the earlier release. Huntington Meat […]

February 12, 2010

Lawsuit Friday – Salmonella in Black Pepper Salami and E. coli O157:H7 in Ground Beef

AP Chicago and AP Portland have been as busy as we have been.  Today, AP Chicago reported on one of our lawsuits – “Man Sues Claiming Salami Made Him Sick,” and AP Portland reported on the other – “Maine woman files suit over E. coli poisoning from tainted beef produced by NY-based Company.” In Chicago […]

February 12, 2010

FSIS Responds to our Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1).

Yesterday Safe Tables Our Priority (STOP) published a Press Release urging FSIS to declare "disease-causing E. coli’s other than O157:H7 as adulterants in beef and begin testing for them." Over at Fanatic Cook, they are doing a series on Shiga Toxin E. coli. In October we filed with FSIS, "Petition for an Interpretive Rule Declaring […]

February 11, 2010

Salmonella Senftenberg and Salmonella Montevideo Linked to Daniele Salami – 225 Ill in 44 States

The CDC reports tonight that a total of 225 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related PFGE patterns, have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as […]

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