Marler Blog

January 29, 2026

Hey, Infant Formula Industry – It is past time to get your Shit together

This is simply unacceptable. This botulism outbreak, frankly any outbreak that sickens babies, should never have happened. We can do more to protect the most vulnerable. The stork in “operation stork speed” clearly flew into a brick wall and crash landed. This child’s parents bought ByHeart Infant Formula at a Walmart. ByHeart utilized powdered organic […]

December 12, 2025

63 in California with Salmonella linked to Vega Farms Eggs

The California Department of Public Health (CDPH) is warning consumers and businesses not to eat, serve or sell recalled in-shell eggs distributed by Vega Farms, Inc. Consumers should throw recalled eggs away or return to place of purchase for a refund, and businesses should not sell or serve recalled eggs.  CDPH is working with local […]

Case News Salmonella Attorney +2
December 12, 2025

We still need the risk of Criminal Sanctions in Food Poisoning Cases

As I wrote last Spring, I have tried to steer clear of politics with respect to the Felon in Chief, but this is nuts, or at least peanuts.  According to yet another edict from the White House, it is now the policy of the United States that: (a)  Criminal enforcement of criminal regulatory offenses is disfavored. (b)  […]

Case News Food Poisoning Attorney +2
December 11, 2025

Marler Clark to file 5th Botulism Lawsuit against ByHeart

Here are some of the details” H.M.’s Botulism Illness Here is the full complaint: https://www.marlerblog.com/files/2025/12/Mazziotti-Complaint.pdf

Case News Botulism Attorney +2
December 11, 2025

Lifting up my friend Dan and his Family

Death Never Scared Me. Not Living Fully—That Was the Terrifying Part. I write this in the past tense because tonight, at 8 p.m., I’ll be signing off. By that, I mean I will be moving forward with MAID—Medical Assistance in Dying. Two years ago, when I was diagnosed with pancreatic cancer, I knew I had […]

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December 11, 2025

FDA issues Class 1 recall for 3,482,131 cans and 3,531,901 single serve packets of ByHeart Infant Formula due to Botulism Risk

Class I recall: a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death. # Product Description Recall Number Classification Code Information Product Quantity Reason for Recall 1 1. ByHeart Whole Nutrition Infant Formula cans 24 OZ 680 grams; Cans […]

Case News Botulism Attorney +2
December 11, 2025

Bill Marler: The Lawyer Who Changed the Way America Thinks About Food Safety

December 11, 2025 – About Insider When most people think about food safety, they picture government agencies, health inspectors, or warning labels on packaging. But behind some of the biggest changes in America’s food system is one man whose pursuit of justice turned tragedy into nationwide reform: Bill Marler, widely regarded as the most influential […]

Case News Food Safety Attorney +2
December 10, 2025

California, Texas and Arizona hardest hit in ByHeart Botulism Outbreak

States with illnesses: Arizona 5, California 12, Idaho 2, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 3, North Carolina 2, New Jersey 1, Ohio 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2 and Wisconsin 1. Illnesses occurred from December 2023 through December 2025. ByHeart infant […]

Case News Botulism Lawyer +1
December 10, 2025

A single food safety agency strikes again – where to send my Resume?

Hey, could I suggest a new administrator? DURBIN, DELAURO INTRODUCE THE FEDERAL FOOD ADMINISTRATION ACT WASHINGTON – Today, U.S. Senate Democratic Whip Dick Durbin (D-IL) and U.S. Representative Rosa DeLauro (D-CT-03) reintroduced the Federal Food Administration Act, legislation that would streamline our food safety system by consolidating the Food and Drug Administration’s (FDA) food oversight responsibilities […]

Case News Food Safety Attorney +2
December 10, 2025

ByHeart Botulism Outbreak jumps to 51 – Illnesses date from December 24, 2023 to December 1, 2025

States with illnesses: Arizona 5, California 12, Idaho 2, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 3, North Carolina 2, New Jersey 1, Ohio 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2 and Wisconsin 1. The FDA and CDC, in collaboration with the California Department […]

Case News Botulism Attorney +2
December 10, 2025

“Sickness in Seattle” – Bacillus cereus or Clostridium perfringens hits Kanishka Cuisine of India’s “Fusion Thanksgiving Feast”

Summary Public Health is investigating an outbreak of gastrointestinal (stomach) illness associated with food served as part of Kanishka Cuisine of India’s “Fusion Thanksgiving Feast” in Seattle. This food was prepared at the restaurant for pick up by customers or delivery by the restaurant.  We haven’t found a specific food or drink from the Fusion […]

Case News Food Poisoning Attorney +2
December 09, 2025

California recalls Mushrooms for Listeria and Egg for Salmonella

More recalls to report.

Case News Listeria Attorney +4
December 09, 2025

Thank goodness for a Free Press and Science

I do not think most of us think just how blessed we are that scientists are doing the hard work creating miracles and that the press reports on it so we can be informed. Thanks to both, and for my clients speaking out too. Here is the AP story: When Alessandro Barbera was rushed to […]

Case News Botulism Attorney +2
December 09, 2025

Raw Milk with Salmonella – Again

The New York State Department of Agriculture and Markets is urging consumers to avoid drinking raw milk purchased from a Yates County Farm after a state sample tested positive for Salmonella. Inspectors collected a raw milk sample from Galen Burkholder’s farm in Branchport, which returned a preliminary positive result on December 1, according to the […]

Case News Salmonella Attorney +2
December 09, 2025

Hawaii Costco recalled Macadamia Nuts due to Salmonella

Locations: Hawaii Kai warehouse Affected Purchase Dates: November 29, 2025 – December 4, 2025 Hazard: American Nuts, LLC in cooperation with the Food and Drug Administration (FDA) has announced a voluntary recall of this item labeled with Lot Code: 307HMNC25L3, due to the presence of Salmonella. Consumption of Salmonella-contaminated food can cause serious illness.

Case News Salmonella Attorney +2
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