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 10, 2009

Salmonella Typhimurium Peanut Products Update – 683 sickened in 46 States – 23% Hospitalized and 9 Deaths – With Movie

CDC now reports 683 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 46 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (13), Arkansas (6), California (76), Colorado (17), Connecticut (11), Florida (1), Georgia (6), Hawaii (6), Idaho (17), Illinois (11), Indiana (10), […]

March 09, 2009

Salmonella Sprouts Sicken Fifty in Iowa, Kansas, Nebraska, Missouri, and South Dakota Linked to SunSprout Enterprises, Inc, of Omaha

About 50 cases from Iowa, Kansas, Nebraska, Missouri, and South Dakota have been linked to the outbreak, according to a recent press release from the South Dakota Department of Health.  Nebraska has identified 15 ill.  South Dakota has identified five cases from five of its southeastern counties and that more cases were pending. Iowa’s Department […]

March 08, 2009

Where to find Salmonella-Free Peanut Butter?

Well, according to my friends in Louisiana, it is at your local Target.

March 08, 2009

Private Third-Party Audits or Government Audits – Choose Your Poison

When it comes to inspecting the thousands of food manufacturing facilities in our increasingly complex and intertwined food supply, some argue that we need more actual governmental audits while others argue that private, third-party audits are the way to go.  In the Peanut Corporation of America, Kellogg and King Nut Salmonella Outbreak, audits – government […]

March 07, 2009

2005 “Best Restaurant in the World” Poisons 400

Some 400 people have fallen ill after eating at world-renowned restaurant The Fat Duck, which was temporarily closed last month due to a food poisoning scare, officials said on Friday.  The Health Protection Agency (HPA) said the number of cases reported at top chef Heston Blumenthal’s eatery had grown after media coverage of the outbreak. […]

March 07, 2009

Unpasteurized Raw Cheese Contaminated with Listeria Suspected in Baby Deaths in Washington

According to the Spokane Newspaper, Washington State health investigators are still attempting to solve several cases of food-borne infections that have caused several pregnant women to lose their babies since January. They suspect the women in Yakima, Klickitat and King counties ate unpasteurized cheese that was contaminated with listeria bacteria. Listeria is often found in […]

March 07, 2009

March is National Peanut Month – Really?

Someone emailed me the link to www.peanutbutterlovers.com (website for everything) and a note that March is National Peanut Month – “a time to celebrate one of America’s favorite foods.” According to the site, “National Peanut Month had its beginnings as National Peanut Week in 1941. It was expanded to a month-long celebration in 1974.” The […]

March 06, 2009

Peanut Corporation of America is Worth a Negative $400,000.

According to Bankruptcy filings, Peanut Corporation of America has nearly $11.4 million in assets and debts of $4.8 million.  The only real estate listed in the documents was the company’s plant in Blakely, Georgia.  It was valued at $2 million, with a $1 million lien. The company also listed $2 million worth of equipment at […]

March 05, 2009

This Week’s Screen Saver

Guess where this is from:

March 05, 2009

China’s new food safety law must provide courts with real enforcement authority

As I recently wrote in JURIST: "China’s recently enacted "Food Safety Law" is, at least on paper, a significant leap forward in terms of proactive food safety measures designed to prevent crises before they happen. Provisions contained in the Law, such as creating a system to recall problem products, nationwide standards for allowable additives, and creating […]

March 03, 2009

Marler Op-ed – Peanut Recall: Many Unhappy Returns – $1 Billion in Losses

With each new outbreak of foodborne illness, my colleagues and I go to bat for a new round of sick people – mostly kids and senior citizens. At the same time, we brace ourselves for the familiar rant: We are the blood-sucking ambulance chasers who impose crippling legal costs on honest companies that have made […]

March 03, 2009

Salmonella Outbreak in Nebraska Source Identified – CW Sprouts from Omaha

Salmonella Outbreak in Nebraska Source Identified Lincoln—The number of salmonella cases in eastern Nebraska initially detected last week has increased, according to the Nebraska Department of Health and Human Services. So far, there are approximately 14 lab-confirmed cases, with 4 considered probable ones and an additional 8 to 10 suspect cases indentified on the basis […]

March 02, 2009

“Welcome to the Nut House” Might Become “Welcome to the Big House”

Weeks ago the Washington Post wrote: “A sun-faded banner with a picture of a squirrel hangs nearby from Parnell’s [Peanut Corporation of America’s President’s] house reading "Welcome to the Nut House.’” According to the Atlanta Journal Constitution, the sign may soon read “Welcome to the Big House.” As I said: “In 15 years of litigating […]

March 01, 2009

China Enacts Food-Safety Laws – Is the US Next?

Chinese lawmakers last week passed new food-safety laws meant to tighten supervision of manufacturers and impose tougher penalties on those who make bad products, as the government seeks to restore public confidence after a spate of problems with tainted food. The new law requires: 1. A system to recall problem products; 2. The enforcement of […]

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