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 […]

July 10, 2008

Tomatoes, Jalapeno Peppers, Serrano Peppers and Cilantro Still Under Salmonella Saintpaul Suspicion

Again, according to the CDC, since April, 1065 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 42 states, the District of Columbia, and Canada. These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization. One new […]

July 10, 2008

Nebraska Beef, Why Did You Not Disclose E. coli Tests? Are Criminal Sanctions Warranted?

E. coli reporter, Josh Funk, and I had a chance to talk a bit following my speech to ConAgra’s Food Safety Council about Nebraska Beef Ltd.’s slow response to indications that its products might have been tainted with E. coli.  According to the FSIS, “Nebraska Beef was notified in the first half of June that […]

July 09, 2008

Georgia E. Coli Illnesses Linked to Nebraska Beef E. coli Recall

The widening cluster of E. coli O157:H7 infections in Georgia may be linked to an outbreak E. coli illnesses in Ohio and Michigan. The Moultrie Observer reports that preliminary testing has linked the at least 9 Georgia cases to the 41 in Ohio and Michigan, which have been traced back to beef products from Nebraska […]

July 09, 2008

OK, so it seems like it is Jalapenos and Salmonella, or is it Serrano Peppers or Cilantro?

As I said to the Baltimore Sun about the confusion between tomatoes and Jalapenos: "I’ve never seen a situation like this," William Marler, a Seattle lawyer who litigates food-borne illness claims, said in a recent interview.  A mistaken focus on tomatoes would be a "black eye" for investigators, he said, while acknowledging that produce investigations […]

July 08, 2008

Guacamole or Salsa – where is the Salmonella Saintpaul?

See CNN Interview on CDC and FDA action to date.

July 08, 2008

Nebraska Beef E. coli and Colquitt County Georgia Do Not Mix

According to WALB TV 10: A Moultrie restaurant bought tainted beef from a Nebraska distributor, which also supplied beef linked to an E. coli outbreak in Michigan and Ohio. The Barbeque Pit Steak and Seafood Restaurant voluntarily closed last Thursday at the request of the health department. Health officials called in the USDA who met […]

July 07, 2008

Off to Omaha in the Morning to Meet with ConAgra

I have the honor of speaking to ConAgra’s Food Safety Council on Wednesday.  I always find it a bit odd that I get asked to speak to corporations that I have sued, or are suing, on behalf of victims of food poisoning.  But, if they are willing to listen, I am willing to talk.

July 06, 2008

Tainted Food: How To Combat Food Poisoning in the United States? Mr. McCain, Mr. Obama, are You Paying Attention?

Once again, hundreds of Americans have been sickened by outbreaks of foodborne illness.  This time it is nearly 1,000 (and counting) in 40 States put down by salmonella in fresh tomatoes (or is it the salsa?), and nearly 50 in Ohio and Michigan (possibly Georgia) stricken by the deadly E. coli O157:H7 bacteria, again in […]

July 05, 2008

Nebraska Beef Ltd., – You are being watched.

You have to wonder if the folks who buy from Nebraska Beef have ever visited the plant?  Have they ever had the plant audited.  Have they ever reviewed the Non-compliance Reports?  Frankly, I think the grocery stores – especially the big box types – need to take a more active role in seeing that plants […]

July 05, 2008

Tomatoes, Cilantro, Jalape√±o Peppers, Serrano Peppers, Scallions and Bulb Onions Now Being Investigation in Salmonella Saintpaul Outbreak – Nearly 1,000 Sickened

According to CNN, “starting Monday, health inspectors will halt the shipment of ingredients common to Mexican cuisine from Mexico to the United States” – this will include cilantro, jalapeno peppers, Serrano peppers, scallions and bulb onions. I assume that it may still include tomatoes? As for illnesses, the CDC reports that 943 persons infected with […]

July 05, 2008

Nine Georgians and Moultrie Barbecue Pit Latest Victims of Nebraska Beef E. coli – Including Hemolytic Uremic Syndrome (HUS) Cases

The Moultrie Observer reported on the link between ill people in Ohio and Michigan to at least nine in Georgia – “E. coli: Ground beef may be culprit.”  The common denominator here is Nebraska Beef Ltd. (Remember, the guys who sue a church).  You might recall www.efoodalert predicted this on July 2, 2008. Here is […]

July 04, 2008

Unnamed Maryland Health Official Fingers Jalapeno Peppers as Cause of Salmonella Saintpaul Outbreak

First it was Tomatoes, now it is Peppers? Jonathan Rockoff of the Baltimore Sun has continued on the trail of the likely ingredients of salsa that has sickened nearly 1,000 across the country over the last three months. However, like tomatoes: So far, none of the jalapenos taken from restaurants and from the homes of […]

July 04, 2008

CDC Update of Michigan and Ohio E. coli O157:H7 Outbreak Linked to Hamburger Sold at Kroger and Manufactured by Nebraska Beef Ltd.

As of 5pm EST, July 2, 2008, 41 confirmed cases have been linked both epidemiologically and by molecular fingerprinting to this outbreak, 21 in Michigan and 20 in Ohio. Onset of illness in these patients occurred from 5/30/08 to 6/20/08. Twenty-two ill persons have been hospitalized. One patient has developed a type of kidney failure […]

July 04, 2008

Salmonella Saintpaul Outbreak Update From CDC

922 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 40 states and the District of Columbia.  Two new states, Iowa and Louisiana, report ill persons. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (45), California (8), Colorado (12), Connecticut […]

July 03, 2008

Hamburger Cooking Tips from the E. coli Lawyer

I admit it. I know too much. I have been to too many slaughterhouses and Hospital ICUs – my family does not eat hamburger.  I would not eat it, I do not cook it and I certainly do not serve it.  That is my tip.  Just say No!  Or as I told Misti the Columbus […]

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