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 […]

November 13, 2025

AP Reports: Botulism Lawsuits Filed against ByHeart “This company potentially faces an existential crisis”

The lawsuits filed Wednesday could be the first of many legal actions against ByHeart, said Bill Marler, a Seattle food safety lawyer who represents Dexter. “This company potentially faces an existential crisis,” he said.  The parents of at least two babies sickened in an infantile botulism outbreak are suing the makers of the ByHeart baby formula at […]

Case News Botulism Attorney +2
November 12, 2025

Botulism, a known risk in infant formula?

One thing about preparing for a lawsuit is digging deep into the facts and the science. One of the recent refrains in this ByHeart infant formula Botulism Outbreak, is how could we have know? Well, you likely could have. Here are some abstracts of discussion of that risk. Infant botulism is now the most common […]

Case News Botulism Attorney +2
November 12, 2025

Marler Clark, The Food Safety Law Firm, Files First Infant Formula Botulism Case

ByHeart Brand Linked to Outbreak that Sickened 15 in 12 states Bainbridge Island, WA – A lawsuit was filed today in court on behalf of Stephen and Yurany Dexter, parents of E.D.( a minor), against ByHeart, Inc. The Dexter’s are represented by Marler Clark, The Food Safety Law Firm and O’Steen, MacLeod & Combs PLC […]

Case News Botulism Attorney +2
November 12, 2025

Behind the scenes unpaid Public Health officials are watching your back – and, your babies formula tainted with Botulism

Be thankful to the paid and unpaid public servants who are doing the hard work to protect you and your family. As of November 10, 2025, this outbreak includes 15 infants with suspected or confirmed infant botulism from 12 states – Arizona 1, California 2, Illinois 2, Kentucky 1, Minnesota 1, North Carolina 1, New […]

Case News Botulism Attorney +2
November 12, 2025

Reprinted without Permission – but too shocking not to share – the Government might be reopening, but Food Safety be damned

We are in the middle of an infant formula manufacturer sickening babies with Botulism, and we are figuratively throwing the food safety baby out with to soon to be unregulated bath water. We are so stupid and greedy, we care more about lobbyists that we do about infants – WTF! Sorry to the folks at […]

Case News Food Poisoning Attorney +2
November 11, 2025

What Parents need to know about Infant Botulism

What is Infant Botulism? Infant botulism is a rare but serious condition caused by the ingestion of Clostridium botulinum spores, which can grow in the intestines of infants (typically those under one year old) and produce a potent toxin. This condition usually occurs when infants consume contaminated foods, particularly honey, which is known to harbor spores. […]

Case News Botulism Attorney +2
November 11, 2025

CDC and FDA update on ByHeart Infant Formula Botulism Outbreak

As of November 10, 2025, this outbreak includes 15 infants with suspected or confirmed infant botulism from 12 states – Arizona 1, California 2, Illinois 2, Kentucky 1, Minnesota 1, North Carolina 1, New Jersey 1, Oregon 1, Pennsylvania 1, Rhode Island 1, Texas 2, Washington 1. Laboratory confirmation for some cases is ongoing. For […]

Case News Botulism Attorney +2
November 11, 2025

AP Reports uptick in Botulism cases and expanded Recall of ByHeart Formula

AP Reports again: ByHeart, a manufacturer of organic baby formula, recalled all of its products sold nationwide Tuesday, days after some batches were recalled in an expanding outbreak of infant botulism.

Case News Botulism Attorney +2
November 10, 2025

ByHeart says “pooh-pooh” – Public Health has it wrong, it was not us that sickened now 15 with Botulism

Here it is directly from ByHeart’s website after they spent the day on Zoom with consumer groups trying to convince them the of “alternative facts.” DATE: NOVEMBER 10, 2025 An Open Letter to the U.S. Food & Drug Administration Together with the FDA, CDC and other state public health agencies, we share a common goal: […]

Case News Botulism Attorney +2
November 10, 2025

Botulism Outbreak linked to ByHeart Infant Formula jumps to 15 in 12 States

“These mice got sick really quickly” Associated Press reports that an outbreak of botulism tied to ByHeart baby formula has made at least 15 infants sick in 12 states, a California health official said Monday. Nine cases of infant botulism type A have been confirmed, with results on six others pending, said Dr. Erica Pan, […]

Case News Botulism Attorney +2
November 10, 2025

Infant and Adult Botulism – what are the differences?

The primary difference between infant and adult botulism lies in the cause and mechanism of infection: adults typically get botulism from ingesting the pre-formed Clostridium botulinum toxin in contaminated food, while infants get sick from ingesting the bacterial spores, which then grow and produce the toxin inside their immature digestive tracts.  Feature  Infant Botulism Adult Botulism (Foodborne) Primary Cause Ingestion of bacterial spores, […]

Case News Botulism Attorney +2
November 09, 2025

FDA Dashboard – ByHeart – you have some issues

Here is the Link. The FDA conducted its next inspection eleven months later. According to information posted on the FDA’s inspection data dashboard, investigators uncovered several serious problems. Tip o’ the pen to efoodalert.

Case News Botulism Attorney +2
November 09, 2025

ByHeart Cronobacter Recall 2022 and FDA Warning Letter 2023 predates Botulism Outbreak 2025

2022 ByHealth Formula Recall Announcement Company Announcement Date: December 11, 2022 FDA Publish Date: December 11, 2022 Product Type: Food & Beverages  Reason for Announcement: Potential for cross-contamination with Cronobacter sakazakii Company Name: ByHeart Brand Name: ByHeart Product Description: Whole Nutrition Infant Formula, Milk Based Powder with Iron for 0-12months The product being recalled is […]

Case News Botulism Attorney +4
November 09, 2025

Bill Marler calls on ByHeart to pay medical bills and lost wages of the families of victims of the Botulism Formula Outbreak

Bill Marler, food safety advocate and foodborne illness attorney since 1993, whose Seattle area law firm, Marler Clark’s work was recently profiled in the Netflix documentary “Poisoned,” The Dirty Truth about your Food, is calling on ByHeart to pay the medical bills and lost wages of the families of victims of the Botulism outbreak in the United States that has so far […]

Case News Botulism Attorney +2
November 08, 2025

Breaking News: Tested sample of ByHeart powdered infant formula linked to illnesses – preliminary tests are positive for Botulism

According to the ByHeart’s website, ByHeart Whole Nutrition Infant Formula was sold through their website ByHeart.com and through retail stores nationwide, including Amazon, Kroger, Walmart, Whole Foods, Target, SamsClub.com and others. CDPH’s Infant Botulism Treatment and Prevention Program Noted Case Increase, Launching National Investigation What You Need to Know The California Department of Public Health […]

Case News Botulism Attorney +2
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