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 […]

October 20, 2009

E. coli O157:H7 is Murder – So Says Miami CSI

Several weeks ago I got a call from a producer of CSI to get background on an episode that they were thinking of running.  I just finished watching the episode (click on photo below).  Frankly, most of the science was inaccurate, but the point that E. coli O157:H7 is a poison and that producers whose […]

October 19, 2009

Marler Clark Foodborne Illness Victims Meet With White House to Push for Food Safety Reform

Visit comes after victims and their families press Senate to pass legislation to protect the public from foodborne illness Sixteen Americans who have been directly affected by foodborne illness gathered at the White House recently to share their personal stories and meet Sam Kass, assistant White House chef, who cooks for the Obama family and […]

October 19, 2009

Yet, another good reason it is a bad idea to poison your customers!

The Toronto Star is reporting that Ruby Chinese will close its doors for good following the public health crisis.  The three owners are reportedly set to file for bankruptcy.  The normally packed eatery on Sandhurst Circle was shuttered on October 7 after 37 people became ill after eating there. Salmonella has been confirmed in 22 […]

October 19, 2009

Senate “HELP” Committee Hearing – Keeping America’s Families Safe: Reforming the Food Safety System

Thursday, October 22, 2009 – 10:00 a.m. 430 Dirksen Senate Office Building Panel I Dr. Margaret Hamburg, Commissioner, U.S. Food and Drug Administration, White Oak, MD Panel II Caroline Smith DeWaal, Director of Food Policy, Center for Science in the Public Interest, Washington, DC – Testimony Michael Roberson, Food Marketing Institute, Arlington, VA – Testimony […]

October 18, 2009

Like Obama, I generally can not stand FOX, especially Beck and Hannity, but FOX does not like E. coli either

The New York Times story on my client, Stephanie Smith, has been an old and new media sensation.  More blogs and twitters have reprinted her struggle with E. coli O157:H7 than any recent story.  All that said, when FOX covers the story with the same level of concern, I think the meat industry and FSIS […]

October 18, 2009

Raw Milk Outbreaks do happen despite what the Weston A. Price Foundation and The Complete Patient (a.k.a. David Gumpert) say

Raw milk related bacterial outbreaks have been an unfortunate and expanding part of business at Marler Clark.  What now seems to be at least a yearly occurrence (we do not get retained in all outbreaks) raw milk illnesses are on the rise. And, because the proponents of the consumption of raw milks spend most of […]

October 18, 2009

Pollan’s Omnivore’s Dilemma is being read by 5,000 Washington State University Students

In what some in the Ag community seem to feel is a conspiracy to indoctrinate young minds to a different way to look at how our food is produced in the United States, Washington State University is moving forward with a Michael Pollan lecture scheduled for mid-January 2010.  Below is a letter I just received […]

October 18, 2009

FDA to combat vibrio vulnificus in oysters by requiring further processing

Elizabeth Weise of USA Today reported on a speech by “FDA’s Michael Taylor [where he] outlined the agency’s plans to combat the deadly bacteria vibrio vulnificus by requiring Gulf-raised oysters to undergo post-production processing to kill the bacteria. Taylor told the assembled state health department and shellfish industry officials that as of 2011, the agency […]

October 18, 2009

California Department of Public Health warns consumers not to eat Del Monte canteloupe

Dr. Mark Horton, director of the California Department of Public Health (CDPH), today warned consumers not to eat Del Monte whole cantaloupe sold at Northern California and Nevada Raley’s, Bel Air, Nob Hill Foods and Food Source stores between October 5 and October 16, 2009 because the cantaloupe may be contaminated with Salmonella. Raley’s, which […]

October 15, 2009

Cow Tonsils can carry Bovine Spongiform Encephalopathy (BSE)? What will I now eat with a beer?

Nebraska Firm Recalls Beef Tongues That Contain Prohibited Materials J.F. O’Neill Packing Company, an Omaha, Neb., establishment is recalling approximately 33,000 pounds of beef tongues that may not have had the tonsils completely removed, which is not compliant with regulations that require the removal of tonsils from cattle of all ages, the U.S. Department of […]

October 15, 2009

Senate Committee on Health, Education, Labor and Pensions take up Food Safety

The Committee just announced that it will have a hearing next week.  It might be a quick hearing considering that no one is listed as a witness.  Perhaps they are looking for my phone number?  Email?  Seriously, I assume they will be talking about S.B. 510.  If you were Senator Harkin who would you invite?

October 15, 2009

www.foodsafetynews.com is being read worldwide – well, almost

We are now into the fourth week of the publication of www.foodsafetynews.com.  Our offices in Seattle, Denver and Washington DC have been busy gathering the most up to date news on food safety – there has been a lot.  In analyzing visitors to the site today, the USA, including Alaska (is that you Sarah?), leads […]

October 15, 2009

Marler as Don Quixote?

I just finished reading an editorial from Capital Press “Food safety comes from market.”  The opinion writer opined: But Seattle attorney Bill Marler, a veteran litigator of damage suits over foodborne illness incidents, had some of the trappings of the Spanish dreamer and idealist Don Quixote as he traveled to Washington, D.C., to try and […]

October 15, 2009

CDC Recommends Increased Testing and Surveilance of all Shiga toxin E. coli

A few weeks ago I posted “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),” and hand-delivered the Petition to USDA Secretary Vilsack. Now the CDC suggests in “Recommendations for Diagnosis of Shiga Toxin–Producing […]

October 15, 2009

Hey, Cal Poly San Luis Obispo, tell David Wood to take a hike, academic freedom is too important

According to Meatingplace.com, once again “Big Ag” seems to be stepping in the academic freedom cow pie. Apparently, the administration of Cal Poly is so worried about $150,000 from David Wood that it is bending to that donor’s will. "Wood, according to the LA Times, has pledged $150,000 to help build a new meat processing […]

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