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 […]

May 29, 2009

H.R. 759 Food Safety Enhancement Act of 2009 – Food Safety Legislation – Good or Bad for Small, Sustainable, Organic, Locavores?

There has been much in the way of worry by farmers, especially the small, sustainable, organic, locavores about the new food safety legislation.  I have read the latest version of the draft H.R. 759 and here are some thoughts on its impact on small farmer/producer/manufacturers, as well as some other thoughts. $1000 fee for all […]

May 29, 2009

H.R. 759 Food Safety Enhancement Act of 2009 – Will It Make our Food Safer?

“As evidenced by the recent widespread contamination’s in our food supply, including E. coli in spinach, Salmonella in peppers, and the most recent outbreak of Salmonella in peanut butter, it is clear that we must act now.” These were the words used by Representative Frank Pallone, Jr., Chair of the Health Subcommittee, in a press […]

May 28, 2009

End of Pollan Book Controversy – Omnivore’s Dilemma to be read on WSU Campus

All things turn out OK sometimes: New York Times – For Personal-Injury Lawyer, Michael Pollan’s Book Is Worth Fighting For The Chronicle of Higher Education – Washington State U. Reinstates ‘The Omnivore’s Dilemma’ as Common-Reading Choice The Daily Evergreen – The Donation revives Common Reading Seattle Business Journal – E. coli lawyer solves WSU ‘Dilemma’ […]

May 28, 2009

New butter flavoring for popcorn and other food products may be no safer than the lung-injuring diacetyl it replaces

Andrew Schneider over at www.andrewschneiderinvestigates.com allowed me to co-post this great story. Scientists worry that the “new,” “completely safe” butter flavoring used on popcorn and in other foods may be as dangerous as the lung-destroying chemical, called diacetyl, that it replaced. Diacetyl-linked jury verdicts of tens of millions of dollars for injured flavoring workers and […]

May 27, 2009

Is There an E. coli O157:H7 Outbreak Linked to Michigan and Minnesota Linked to Lettuce from the Salinas Valley – Again?

E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically “pre-washed” and “ready-to-eat” varieties, are by no means a new phenomenon. By way of illustration: – In October 2003, thirteen residents of a California retirement home were sickened, and two people died, after eating E. coli-contaminated, pre-washed spinach; – In September 2003, nearly forty patrons […]

May 27, 2009

So, What Does $15.98 Per Gallon and Some Warning Labels Buy You? You Guessed it – Raw Milk that May Contain Pathogens that Can Kill You.

So, what are adequate consumer warnings on bottles of Raw Milk?  What if you contrast it to blog posts and videos by the manufacturer touting the miraculous benefits of Raw Milk?  What about the endorsements by Weston Price (goodness – exposure to liability there)?  Raw Milk, like any food product – If a manufacturer wants […]

May 27, 2009

Washinton State University – A place where speaking your mind is encouraged – Michael Pollan will be coming.

I knew it was the economic pressures that public education is facing and not any political pressure that caused the change in the reading of Omnivore’s Dilemma and Michael Pollan’s visit to Pullman.  The WSU I graduated from and served, would not bend to that kind of small mindlessness.  As I said to a reporter: […]

May 26, 2009

Fundraiser for Ohio Child who Died from E. coli Complications – Abigail Fenstermaker Memorial Fundraiser

Abigail Fenstermaker’s family is asking for help, after their 7-year-old died from E. coli complications last week.  A fundraiser is being held on Abby’s behalf on Friday, May 29th from 7 – 11 p.m. It will take place at The Clevelander, 834 Huron Rd. Cleveland, by Jacobs Field.  For more information on the fundraiser, see […]

May 26, 2009

Washington State University – Say It Isn’t So. Hey, Michael Pollan, I’ll Pay Your Way to Pullman

Let me put this in context. I am a “Coug” – through and through.  I went to Washington State University, getting degrees in Political Science, Economics and English in 1982.  I served four years on the Pullman City Council (first student, and at 19, the youngest ever).  I received an “outstanding alumni award” in 1996 […]

May 26, 2009

The Alexandre Eco Farms Dairy Raw Milk Campylobacter Outbreak

I. THE OUTBREAK On October 2, 2008, the California Department of Public Health (CDPH) issued a report linking an outbreak of Campylobacter illnesses to unpasteurized milk from Alexandre Eco Farms Dairy. The report was the result of an investigation commenced on July 14, 2008, when Dr. Thomas Martinelli, the County Health Officer for Del Norte […]

May 25, 2009

Organic Pastures Raw Milk Warnings – Real or Imaginary? Does it Tell You That it Might Contain E. coli, Listeria or Campylobacter?

I spend a lot of time trying to convince companies why it is a bad idea to poison their customers – either suing them through Marler Clark or educating them through Outbreak Inc.  Educating consumers is also something we all need to do for ourselves.  We need to pay attention to what we consume.  However, […]

May 24, 2009

Food Safety Speaking Tours in the Last Year – No wonder I have so many frequent flyer miles!

Over the last several years, other members of the firm and I spend nearly as much time speaking out on safe food as we do litigating food poisoning cases. Here is a partial list of places I have been in the last several months.  In part we try and explain how and why we do […]

May 23, 2009

E. coli Outbreaks, Illnesses, Deaths and Litigation in Ohio Since 1999

KFC E. coli Outbreak – Ohio – 1999 In late July of 1999, Ohio public health officials began receiving reports that patients at local hospitals were suffering from E. coli O157:H7 infections. By August 2, 1999, fifteen cases had been confirmed, and through investigative interviews the Ohio Department of Health learned that eleven of those […]

May 23, 2009

The E. coli O157:H7 Bacteria and Hemolytic Uremic Syndrome (HUS)

The E. coli O157:H7 Bacteria E. coli O157:H7 is one of hundreds of strains of the bacterium Escherichia coli. Most strains of E. coli are harmless and live as normal flora in the intestines of healthy humans and animal. The E. coli bacterium is among the most extensively studied microorganism. The combination of letters and […]

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