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 […]

January 29, 2010

Why Organizations Fail – Upcoming Food Safety Speech in Dubai

I have had a good run the last 30 days or so on limited travel.  Next week that all changes.  During the month of February, I will be in Phoenix, Atlanta, Madison, Washington D.C., New York and Dubai either litigating foodborne illness claims, pressing for food safety legislation or giving a speech or three or […]

January 29, 2010

Salmonella Montevideo Outbreak linked to Black Pepper Salami appears to be over – Body count 202 in 42 States

The CDC reports that a total of 202 individuals infected with a matching strain of Salmonella Montevideo have been reported from 42 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 (5), CA (30), CO […]

January 29, 2010

Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law

Date: February 8, 2010 Time: 7:30 PM – 9:00 PM Location: Great Hall – Memorial Union – Madison, Wisconsin Sponsor: Center for World Affairs and the Global Economy (WAGE), Distinguished Lecture Series (DLS), Office of Corporate Relations Overview: William Marler has built his firm, Marler Clark, into a national powerhouse of foodborne illness litigation. In […]

January 29, 2010

Salmonella Salami Suspect Named – Wholesome Spice – Mystery Over?

Although officials from USDA, FSIS and FDA remain silent, as has Daniele Salami, both CIDRAP and Food Safety News reported Rhode Island Health Officials have named Wholesome Spice as the likely source of the Salmonella-tainted black pepper that has sickened 189 in 40 states. However, the country of origin of the black pepper is still […]

January 28, 2010

Why do the US Government and US Business not believe in Capitalism?

Or, Why the Silence of the Steaks and Perjury of the Peppers? Everyone (in my world) has been following the two latest government and business food mishaps that have poisoned many of our fellow citizens over the last several months. The first mishap, linked (apparently, in part) to blade-tenderized steaks from National Steak and Poultry […]

January 27, 2010

Black Pepper tests positive for Salmonella, however Daniele still tells the public nothing – so much for Transparency

Tip o” the blog to www.efoodalert.com for posting the update FAQ’s from Daniele: Daniele, Inc. Frequently Asked Questions (FAQs) Q: Why is this product being recalled? A: Samples of the black pepper used to coat some of our products have tested positive for salmonella. A sample of the recalled product has been linked to an […]

January 26, 2010

Presence and Characterization of Shiga Toxin-Producing Escherichia coli and Other Potentially Diarrheagenic E. coli in Retail Meats

Appl Environ Microbiol. 2010 Jan 15. Xia X, Meng J, McDermott PF, Ayers S, Blickenstaff K, Tran TT, Abbott J, Zheng J, Zhao S. Department of Nutrition and Food Science, and Joint Institute for Food Safety and Applied Nutrition, University of Maryland, College Park, Maryland 20742; Center for Veterinary Medicine, Food and Drug Administration, Laurel, […]

January 25, 2010

UPDATED – Elisabeth Hagen MD to be New Undersecretary of USDA/FSIS for Food Safety

So the rumor mill that is Washington DC is saying.  AND IT WAS RIGHT. And, rumors seem to even leak all the way out to this other Washington. The position of Undersecretary of Agriculture has been vacant since Dr. Richard Raymond retired in October of 2008. It appears that Dr. Hagen will fill the position. I do not […]

January 25, 2010

187 Ill in 39 States Due to Multistate Outbreak of Salmonella Montevideo Infections – Other Salmonella Strains Likely

According to the CDC, a total of 187 individuals infected with a matching strain of Salmonella Montevideo have been reported from 39 states since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AL (2), AZ (5), CA (30), CO (3), CT (4), DE (2), FL […]

January 25, 2010

253 days after Abby’s death, Valley Meats posts a press release about its new “Multiple Testing and Safety Procedures in the Processing of Beef Products.”

I do not sleep much. So, in the middle of the night when Valley Meats press release hit the wire about their “Multiple Testing and Safety Procedures in the Processing of Beef Products,” I was awake and could not help but think what will Abby’s grieving parents will think about Valley Meats new-found love for […]

January 24, 2010

Should I be worried about the black pepper in my shaker?

Honestly, I have no idea, but then I suppose neither does the CDC, FSIS, FDA or Daniele. With the CDC telling us that the Salmonella Montevideo outbreak was caused by “a widely distributed contaminated food product,” and with the FSIS citing Daniele’s belief that black pepper is a possible source of the contamination, I looked […]

January 24, 2010

Nestle Cookie Dough E. coli Victim, Linda Rivera, Continues to Make Slow, Steady Improvement

I love getting these email updates as of late from Linda’s brother-in-law: Sent: Sat, January 23, 2010 9:46:41 AM Subject: Linda Rivera Continued Improvement 1-23-2010 @ 9:45am PST Linda continues to improve, slowly, but surely. Richard went over some daily labs with me and they are all normal, except for some anemia. Of major note […]

January 24, 2010

Dr. William Keene, Oregon Epidemiologist, the Salami Salmonella Sleuth

Not much new to report this morning on the now 1.25 million pound salami recall by Daniele from Costco, Walmart, Sam’s Club, Kroger and on Amazon.com. Most were sold under the Daniele brand, but several items with the Boar’s Head, Black Bear and Dietz & Watson labels are included. All of the recalled products have […]

January 23, 2010

Compliments Brand Italian Blend Salad Mix may contain Listeria monocytogenes – Where is the FDA on this one?

I got several emails today from irate salami eaters and apologists of the FSIS’s and CDC’s slow recall action. One emailer said I had “sour grapes” for not getting appointed USDA Undersecretary for FSIS – well, perhaps. So, just to be fair, I thought I would turn my attention to an FDA inspected product – […]

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