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 […]

August 06, 2009

The Truth About Raw Milk Sales in Washington

I missed Ms. Cole’s presentaion at the AVMA Conference a few weeks ago and just received a copy of her PowerPoint.  I really liked the pictures of the cows from the Dee Creek Farm that was linked to an E. coli O157:H7 Raw Milk Outbreak in 2005.  Click below to see her presenation:

August 05, 2009

The Meat Industry Will Never Solve the E. coli O157:H7 Problem Until It Stops Blaming the Consumer

I have always been a bit amazed at the meat industry and the USDA. In the nearly 17 years of litigating E. coli O157:H7 cases – mostly on behalf of children – I am tired (and a bit disgusted) by the constant din of blaming the consumer. Sometimes the industry goes so far as to […]

August 04, 2009

Something must be wrong – I was voted into “The Best Lawyers in America.”

My kids have been telling me it for years, but I have always been a bit suspect. However, this morning I was informed that I had been selected by my peers for inclusion in the 2010 edition of "The Best Lawyers in America®" in the specialty of Personal Injury Litigation. According to the website, inclusion […]

August 03, 2009

2008 E. coli O157:H7 Raw Goat Milk Outbreak Sickened Four – Two with Hemolytic Uremic Syndrome

The Outbreak On May 12, 2008 the Lawrence County Health Department (LCHD) was notified of a case of HUS in a child with a history of bloody diarrhea. The health care provider reported that the child had consumed unpasteurized goat’s milk obtained from a local store, the Herb Depot, in Barry County, Missouri. The milk […]

August 03, 2009

H.R. 2749 – Food Safety Enhancement Act of 2009 – Read it

Click on above image to see final bill passed from the House, or see my post below.

August 02, 2009

A Friday and Saturday night read – H.R. 2749 – Food Safety Enhancement Act 2009 – So, what’s really in it?

It is clear that most of the people chattering across the Internet on either side have never read the bill (arguably, many who voted on did not either). Below is a summary as I read the bill. In order to effectively read it, you have the Food, Drug and Cosmetic Act, Chapter IV open to […]

August 01, 2009

Something else to read this weekend -S.510 -Senator Durbin’s FDA Food Safety Modernization Act

Click to read full test of S. 510. Now that the House passed H.R. 2949 it will run into S. 510 – "A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply."  Chief Sponsor: Sen Durbin, Richard.  It has 10 co-sponsors.  Last March it was "Read twice […]

August 01, 2009

Reading amended and passed H.R. 2749 Food Safety Enhancement Act of 2009 this weekend – How much fun is that?

Here is the link to the bill that has passed.  When introduced in early June, the Food Safety Enhancement Act of 2009, which would amend the Federal Food, Drug, and Cosmetic Act was summarized. It required each food facility to: (1) conduct a hazard analysis; (2) implement preventive controls; and (3) implement a food safety […]

July 31, 2009

Bench Trim to be Tested (a few times) for E. coli O157:H7

Agriculture Secretary Tom Vilsack today announced that USDA’s Food Safety Inspection Service (FSIS) is issuing guidance for inspectors to begin conducting routine sampling of bench trim for E. coli O157:H7. Bench trim is the fat and meat trimmed from cuts like steaks and roasts as they are prepared in processing plants. Bench trim is normally […]

July 31, 2009

The Quad-Cities – Hepatitis A Ground Zero – McDonalds Linked to 26 Illnesses and 5,366 Injections

According to the Quad-City Times, the total of hepatitis A cases in the Quad-City region has grown by one, and the latest patient lives in Henry County. The Rock Island County Health Department has finished a series of free inoculation clinics to provide protection against the illness. A total of 5,366 doses of either hepatitis […]

July 30, 2009

Tennessee Salmonella Lawsuit Filed in Memphis against A & R Bar-B-QUE

Salmonella is a bacterium that causes one of the most common enteric (intestinal) infections in the United States – Salmonellosis. In some states (e.g. Georgia, Maryland), salmonellosis is the most commonly reported cause of enteric disease, and overall it is the second most common bacterial foodborne illness reported (usually slightly less frequent than Campylobacter infection). […]

July 30, 2009

E. coli O157:H7 Settlement reached in Hemolytic Uremic Syndrome Case Linked to Hamburger

A confidential settlement was reached this morning on behalf of twelve-year-old Rebecca Gosla, who was sickened in a 2007 E. coli O157:H7 outbreak linked to contaminated ground beef that were manufactured by United Foods. Rebecca’s illness stands apart from most E. coli O157:H7 infections, even for children who develop hemolytic uremic syndrome (HUS).  She was […]

July 30, 2009

Salmonella Lawsuit Filed On Behalf of Memphis Father and Son Hospitalized by Tainted Barbeque

A lawsuit stemming from the recent outbreak of Salmonella illnesses was filed today in the Circuit Court for Shelby County, Tennessee against A&R Bar-be-que, LLC. The lawsuit was filed on behalf of a Memphis father and son by Seattle foodborne illness law firm Marler Clark and by John Day of the Tennessee firm Day & […]

July 30, 2009

At 159 Pages, H.R. 2749 – The Food Safety Enhancement Act of 2009 is quite the read

Here is the bill that (I think) is to be voted on in about an hour: Click above to download.

July 30, 2009

Congressman John D. Dingell – Superman of Food Safety

Congressman John D. Dingell gave an impassioned speech today on behalf of HR 2749 – The food Safety Enhancement Act of 2009.  I think it should be renamed the Dingell Bell, errr, Bill.  Anyway, the guy is a stud. The vote on the Bill should happen soon.  Check out www.foodpoisonjournal.com for the latest. Congressman John […]

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