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 […]

January 28, 2009

Serving Up Trouble – This Month’s Trial Magazine

When foodborne illness outbreaks occur, the source of the contamination is not always clear. Lawyers pursuing foodborne illness claims must carefully determine the applicable laws and identify the party that brought the product to market. These days, ready-to-eat produce is more popular than ever. Unfortunately for the American populace, prepackaged produce often carries a risk […]

January 28, 2009

Grocery Manufacturers Association Does it Correctly – Recall ALL Peanut Corporation of America Peanut Butter from January 1, 2007 to Present

January 28, 2009 To: GMA Members From: Robert E. Brackett, Ph.D. Senior Vice President and Chief Science and Regulatory Affairs Officer Subject: URGENT Update on Salmonella Recall It is our understanding that the current recall of peanut butter and peanut paste produced by Peanut Corporation of America (PCA) will be expanded to ALL products coming […]

January 28, 2009

FDA Form 483 Inspection of Peanut Corporation of America – A Company Out of Control

Click below to get the full (somewhat redacted) 483 Inspection Report: Bottom line is that we are amending the complaint in the first filed civil case in Federal Court in Georgia to add a claim for Punitive Damages.  Even the "American Peanut Council (APC) expressed its shock and dismay at findings that report the Peanut […]

January 27, 2009

Preview of FDA Form 483 Inspectional Observations of Peanut Corporation of America

There were 12 instances when a private laboratory hired by PCA tested products for PCA and found Salmonella positives. These products were retested and when a negative test result was allegedly received, PCA shipped the products. In one of these cases, the Salmonella strain was Typhimurium. In two cases, the strain was Anatum.  Hmmm, this […]

January 27, 2009

FDA and CDC – Four Types of Salmonella Found at Peanut Corporation of America

According to AP, FDA and CDC officials say four kinds of salmonella have been identified in the growing investigation of tainted peanut products.  A congressional official briefed on the investigation said health officials have identified four types of salmonella as they focus on a Georgia facility. The official spoke on condition of anonymity because the […]

January 27, 2009

Washington Post “Outs” My Job Search

Had a nice chat with Ed O’Keefe at 6:45 AM this morning (do you ever notice how people in DC think that their time must be your time?) for his post this afternoon – “Outspoken Food Safety Advocate Wants In.” Here is part of the post: Two leading candidates have emerged to serve as the […]

January 27, 2009

USDA Nears Decision on Food Safety Chief – Is “Change” on the way?

Ed O’Keefe of the Washington Post caught me by phone as I walked off the ferry Friday morning.  Either way this goes, I hope someone reads this – "Open Letter to a New Under Secretary for Food Safety – FSIS – The End of E. coli Conservatism."  Here is Ed’s article – “Change” may be on […]

January 26, 2009

“The more things change, the more they stay the same.”

A quote by French novelist Alphonse Karr seems to fit all too well when comparing the Epidemiologic Curve of both the ConAgra 2006-2007 and the Peanut Corporation of America 2008-2009 Salmonella Peanut Butter Outbreaks.

January 26, 2009

E. coli O157:H7 in Bagged Spinach – Its Impact on One Woman

Official word of the bagged spinach outbreak broke with the FDA’s announcement, on September 14, 2006, that a number of E. coli O157:H7 illnesses across the country “may be associated with the consumption of produce.” Meanwhile, the FDA and CDC, in conjunction with local and state health agencies from across the country, worked feverishly to […]

January 26, 2009

C. Botulinum Toxin – Botulism – in Canned Chili – Its Impact on One Man

On July 7, 2007, the Centers for Disease Control and Prevention (“CDC”) learned that two siblings in Texas were critically ill with botulism and that their illnesses were likely acquired by eating contaminated food. Four days later on July 11, public health officials in Indiana reported to the CDC that a married couple in Indiana […]

January 26, 2009

The New York Times Reports that Peanut Corporation of America was Cited for Violations in Past

(Actually, Channel 11 in Georgia reported it first).  491 (Actually 501) persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. Eight are dead. According to the CDC, patients range in age from <1 to 98 years; 48% are female and 22% reported being hospitalized.  Now the New […]

January 26, 2009

Hepatitis A in Green Onions – Its Impact on One Man

In late October 2003, Beaver County ER doctors reported an alarming number of Hepatitis A cases. Investigators from the Pennsylvania Department of Health initiated an investigation immediately and discovered that many, if not all, cases had eaten at Chi Chi’s restaurant in Monaca, Pennsylvania’s Beaver Valley Mall. Along with the health department, the federal Centers […]

January 26, 2009

Three Families Spared Another Salmonella Peanut Butter Death – Ohio Reports 1 Not 4 Deaths

There was a bit of confusion over the weekend about whether there were one or four deaths in Ohio from eating Salmonella-tainted Peanut Butter.  At this point, we will assume that it is one per the Ohio Department of Health Press Release.  Good news is that it downgrades the death count from 11 to eight.  […]

January 26, 2009

Another Salmonella Peanut Butter Outbreak – “Those who cannot learn from history are doomed to repeat it.”

Five months after the Salmonella Typhimurium outbreak began, and nearly three weeks after the Minnesota Department of Health “spilled the beans” that tainted peanut butter was the vector, the public still has little idea why nearly 500 became ill with over 125 hospitalized and eight deaths. Now, Peanut Corporation of America (PCA) has shuttered its […]

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