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 21, 2008

Easter Update Alamosa Salmonella Cases Top 180 – Who is Responsible and How Much?

As of today, 183 cases had been reported in Alamosa.  A city spokeswoman says of those, 57 were confirmed by lab testing, and nine people were hospitalized. The Alamosa News continues to cover the rising toll of what appears to be Salmonella-tainted tap water – “More salmonella cases reported.”  According to the paper: Salmonella has […]

March 19, 2008

“It’s the water – and a lot more.” Salmonella Outbreak Tied to Alamosa City Water.

OK, that is the Olympia Beer slogan from the State of Washington.  But, clearly, Alamosa has "a lot more" in its water than its residents bargained for. Today, Colorado State Health officials announced an outbreak of Salmonella contaminated drinking water and put residents of Alamosa under a bottled water advisory.  Officials said people should immediately […]

March 19, 2008

Alamosa County Salmonella Outbreak Now 74 People

Matt Hildner of the Pueblo Chieftain reported that Alamosa County health officials are investigating an outbreak of salmonella that’s led to the hospitalization of four people and may have infected up to 74 people.  In addition to the 18 cases that have been confirmed through laboratory testing, Geiser said the county is also investigating 56 […]

March 19, 2008

At Least 56 Salmonella Illnesses Reported in Alamosa Colorado

Hew Hallock reports this morning that – “Search goes on for source of Salmonella.”  So far the source of the outbreak – most likely a common source given the number of ill people – has not been announced.  “As of Tuesday, March 18, 2008 we still have 18 confirmed cases and now have 56 cases […]

March 18, 2008

What Makes “Batman” Tick?

Another day on the road.  I have taken to emailing pictures of myself to my family and have learned how to text with my 16 year old.  This trip was a nearly a two and a half hour drive south of Salt Lake City to attend a hearing to request that the Court approve a […]

March 16, 2008

Listeria in the News

Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows […]

March 16, 2008

More Money For Food Safety?

An amendment to the Senate’s 2009 budget resolution, which passed Friday, has implications for food safety. Sen. Chuck Grassley (R., Iowa) and teamed up with Sens. Bob Casey (D., Pa.), Dick Durbin (D., Ill.) and Sherrod Brown (D., Ohio) to create a "reserve fund" to allow for legislation that enhances the protection and safety of […]

March 14, 2008

House Oversight and Government Reform Committee Finds Fault at Spinach Plants

Yesterday Congress Members Waxman and DeLauro released a report chastising both the FDA and industry for allowing over 20 E. coli outbreaks tied to leafy green vegetables. These failures the committee concluded lead to the 2006 Dole/Natural Selection Food’s/Mission Organics Spinach E. coli O157:H7 outbreak that sickened 205, killing 5. The report in part found: […]

March 14, 2008

King County Bar Association’s 2008 Outstanding Lawyer Award

In the last four weeks I have been home in Seattle a total of about four days.  I have crossed the country several times testifying before the US House and the CA Senate about food safety, as well as talking to industry groups.  I have also been spending too much time with lawyers.  I did […]

March 14, 2008

E. coli Lawsuit Filed against Rochester Meat Company in Wisconsin

The Associated Press reported last night that, “Wisconsin family sues Minnesota meat company over E. coli.”  That meat company is Rochester Meat Co. of Rochester, Minnesota that in January issued a recall of nearly 200,000 pounds of beef over concerns it may have been contaminated with E. coli.  Our clients, Karen and James Evans of […]

March 12, 2008

Westland/Hallmark Meat Executive Acknowledges Illegal Slaughter

Westland/Hallmark Meat Co. President Steve Mendell acknowledged Wednesday that cattle were illegally slaughtered at his plant and that cows too sick to stand were forced into the food supply. Westland/Hallmark Meat Co. President Steve Mendell made the admissions after a congressional panel forced him to watch undercover video of abuses of cattle at his plant. […]

March 11, 2008

Sekiya’s Restaurant & Delicatessen Linked to E. coli Outbreak

According to the Honolulu Advertiser, Sekiya’s Restaurant in Kaimuki has been cleared to resume operations after it dumped all its food and disinfected the restaurant from top to bottom following the worst outbreak of E. coli O157:H7 in the state’s history. The state Department of Health reinstated Sekiya’s permit to conduct food service operations after […]

March 11, 2008

One child is dead and five other people are sick after shiga toxin hits Bastrop, Lee and Fayette counties in Texas

Health officials have reported that five have been sickened and one died of apparent symptoms of foodborne shiga toxin. It is likely E. coli O157:H7 – a shiga toxin producing E. coli. Shiga toxin is one of the most potent toxins known to man, so much so that the Centers for Disease Control and Prevention […]

March 10, 2008

Castleberry’s Botulism Plant Forced To Shut Down

NBC Augusta broke the story this afternoon that the Food and Drug Administration has closed down an Augusta food plant. In a statement released to NBC Augusta Monday morning, Castleberry’s Food Company says their temporary emergency operating permit has been suspended by the FDA. There’s no word when the plant will re-open. As you may […]

March 10, 2008

Test the Westland/Hallmark Recalled Meat.

Once again, Stephen J. Hedges of the CHICAGO TRIBUNE is on top of the issues surrounding the slaughter of “downer” cows, and the risks (or not) to our food supply.  His article, “The Last Roundup” appeared in the BUFFALO NEWS yesterday morning. It is a must read for those thinking about the safety and financial […]

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