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 […]

March 14, 2009

President Obama on Food Safety – Full Radio Address Video

In addition to the ideas the President stated, here are my “top ten” ideas: 1. improve surveillance of bacterial and viral diseases. First responders – ER physicians and local doctors – need to be encouraged to test for pathogens and report findings directly to local and state health departments and the CDC promptly. 2. These […]

March 14, 2009

Obama on Food Safety – This is why what you do is so important.

E. coli O157:H7, whether it is in contaminated hamburger, spinach or raw milk, is a very nasty bacteria.  Hemolytic Uremic Syndrome (HUS) can be the horrible result.  Mr. President, the reason food safety is so important can best be explained by clicking on the below pictures and reading these childrens’ stories and looking at these […]

March 14, 2009

Obama Weekly Radio Address – “Change is on the Way” – Obama creates special panel on food safety

Citing an existing health hazard, President Obama announced during his Saturday radio address, the creation of a special interagency panel on food safety, arguing that the status quo was "unacceptable." The Food Safety Working Group, chaired by the secretaries of health and human services and agriculture, will coordinate US government activities aimed at upgrading and […]

March 13, 2009

Rector v. Kellogg Complaint – Peanut Salmonella Outbreak

A bit of press coverage: Salmonella Cases: Half Still Come from Crackers

March 13, 2009

Documents, Documents, who has the Peanut Corporation of America’s Documents?

It is excellent that our Federal Government is doing such a great job of organizing the Peanut Corporation of America’s documents pursuant to a search warrant.  I especially like that they saved the "Black trash bag containing shredded documents near the back door."  Next time it would be nice if the Federal Government would have […]

March 13, 2009

Dueling E. coli O157:H7 Vaccines – Time to have a Vaccine-off?

Lately my blog seems to have turned into an “all Salmonella – all Peanuts – all the time.” In any event, there is other news, and perhaps it is good news – at least in the fight against E. coli O157:H7. A few days ago, Epitopix received a USDA conditional license for America’s first E. […]

March 12, 2009

Judge Rules US Almonds Must be Pasteurized

I talked to San Francisco Chronicle reporter George Raine (who has been covering food business litigation since at least the Odwalla E. coli outbreak in 1996 when I first met him), about the perceived “setback for organic almond growers and handlers in California’s Central Valley, [when] a federal judge this week dismissed a lawsuit protesting […]

March 12, 2009

Nebraska lists 45 ill, Iowa 21, South Dakota 5 and Kansas 5 – SunSprout Enterprises, Inc. Recalls Salmonella St. Paul Alfalfa Sprouts, Onion Sprouts, and Gourmet Sprouts Because of Health Risk

FDA PRESS RELEASE SunSprout Enterprises, Inc., Omaha, Nebraska, is initiating a voluntary recall of Alfalfa Sprouts, Onion Sprouts, and Gourmet Sprouts based on communications it has had with Nebraska State officials regarding several cases of Salmonella St. Paul reported in Nebraska and Iowa.  The sprouts were distributed to food distributors located in Iowa and Nebraska who further […]

March 12, 2009

FSIS Changes in Sampling Frequency for E. coli O157:H7 Testing in Raw Ground Beef – Real or Imaginary Changes?

So, we do not forget what we are really talking about, see the attached "E. coli Movie" – here is the script. FSIS released "[t]his notice announces that inspection program personnel (IPP) may receive FSIS Form 10,210-3, Requested Sample Programs, for E. coli O157:H7 sampling and testing of raw ground beef products (MT43) at the […]

March 12, 2009

Peanut Corporation of America Bankruptcy Hearing Attended by Lawyers for Victims of Salmonella

According to press reports today, although today’s hearing concerns bankruptcy matters (court documents filed March 6 show Peanut Corp. has almost $11.4 million in assets and $4.8 million in debt. It has nearly 500 creditors), attorneys representing people with salmonella injury and death claims against the peanut processor showed up as well.  Attorney Bruce Clark, […]

March 12, 2009

MRSA – methicillin-resistant Staphylococcus aureus – The risk to our food supply and to us.

I travel a lot, so I bought one of those electronic books so I can download books and newspapers whenever I want. I just finished reading “Our Pigs, Our Food, Our Health,” an Op-ed by Nicholas D. Kristof of The New York Times. I have now lost my appetite. His Op-ed is the story of […]

March 11, 2009

Food Democracy Now

Had a very nice chat today with the folks at Food Democracy Now – Check them out:

March 10, 2009

Why I work – “Stephanie Smith remains in a wheelchair, fighting to walk — and dance — once again – She ate an E. coli – tainted Cargill hamburger”

From the Saint Cloud Times – Stephanie Smith of Cold Spring was a 20-year-old dance instructor when she contracted E. coli after eating a hamburger at a family barbecue in 2007. She also developed HUS and spent nine months in the hospital, including two months in a medically induced coma to prevent seizures. Smith returned […]

March 10, 2009

Denis Stearns – Guest Blogger – The Dissenting Justices in Wyeth v. Levine on the FDA-Approval of Drugs: “Is it Safe?”

In reading Justice Alito’s dissent in Wyeth v. Levine, the recent Supreme Court opinion holding that FDA-approval does not provide a complete defense to state law failure-to-warn claim, I was reminded of the horrifying torture scene in the 1976 thriller, Marathon Man. In this scene, Laurence Olivier, playing a Nazi war criminal, who also happens […]

March 10, 2009

Marler – Peanut Butter Quote of the Day

Manufacturers, such as Kellogg, can also be held accountable under the law, Marler said. "One thing that’s great about the American justice system is that it’s a great way of focusing a company’s attention on the problem it created," Marler said. See full article, "Washington man files suit vs. Kellogg, claiming salmonella poisoning."

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