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 […]

December 02, 2007

My Blawg Did Not Make It – Yet

I checked, I paid my dues to the ABA – American Blawg Association, but I did not make it into the ABA top 100 Blawgs – thats legal speak for Blogs.  I’m bummed, and I know my 32,437 readers from November are too.  No worries, I just need to work a bit harder.

December 01, 2007

Lexington, Kentucky Woman, Vickie Shelton, may have died from E. coli-tainted hamburger produced by American Foods Group

Knox Times-Tribune staff writer Heather Cole wrote, “the death of a Knox County woman is under investigation and E. coli O157:H7 bacteria is believed to be the source of her illness. Vickie Shelton, 47, died Monday afternoon at Central Baptist Hospital in Lexington after being admitted.” She also wrote “officials at the U.S. Department of […]

December 01, 2007

Government Puts Consumers At Risk

According to press reports, an FDA requested panel says food safety in particular is in crisis. (Full Report) Questions about the FDA’s effectiveness have been underscored by alarming headlines in recent years — including E. coli in spinach, deadly chemicals in pet foods, toxic toothpaste and the heart-damaging side effects of drugs.  The report says […]

December 01, 2007

American Conference Institute – Food-Borne Illness Litigation

I will be one of several dozen speakers at the following conference: Advanced Strategies for Managing and Defending Food Contamination Claims Thursday, February 28, 2008 to Friday, February 29, 2008 Millennium Resort, Scottsdale McCormick Ranch, Scottsdale, AZ, United States Overview 2007 was the year of the recall, with E. coli contamination increasing sharply in 2007 […]

December 01, 2007

Another 5-year-old, this time Aubrey Anderson, who had E. coli goes home

John Green of The Hutchinson News in Sterling Kansas wrote "5-year-old who had E. coli goes home" about the homecoming of Aubrey Anderson after a long battle with E. coli O157:H7 and HUS. To date the family has not learned how Aubrey contracted the sometimes fatal infection. “It will be weeks, and perhaps months, before […]

November 29, 2007

Another Salmonella-Tainted Pot Pie Lawsuit Filed

Standing in the New Orleans Airport yesterday afternoon, I had a nice chat with Mark Morey of the Yakima Herald about the status of the ConAgra Salmonella Peanut Butter litigation (CDC confirms 714 Illnesses) as well as the filing of yet another suit against ConAgra for manufacturing Salmonella Pot Pies (CDC confirms 272 Illnesses – […]

November 28, 2007

Peanut Butter and the Ninth Ward

Well, I can’t say we made much progress with ConAgra in trying to find a path towards resolving customer illnesses from ingesting Salmonella-tainted Peanut Butter. What both sides are still trying to figure out is less what the value of a Salmonella cases is (just ask me, after settling over 2,500 in the last few […]

November 28, 2007

Rochester Minnesota Quiznos Salmonella Outbreak Tied to Tomatoes

On the same day it was announce that I settled the last of the Salmonella suits against Sheetz, the Post-Bulletin of Rochester reported that “Quizno’s outbreak came from outside source.” The common denominator was Tomatoes. A foodborne illness outbreak at Quizno’s Subs, 3499 22nd Ave. N.W. in Rochester, wasn’t the restaurant’s fault. Larry Edmonson, an […]

November 27, 2007

Dole Settles more Spinach E. coli Cases

I am still in New Orleans. I must admit, I expected a bit more devastation here in the downtown area from Katrina, but things looked great  – especially in the French Quarter.  We made some slow progress in talking to ConAgra, its lawyers and insurers about the status of the Peanut Butter cases.  Hopefully, at […]

November 27, 2007

Tainted tomato lawsuit settled

As reported by the Altonna Mirror today, a key lawsuit in the Sheetz Inc. bad tomato case has been settled out-of-court, according to an order issued by Blair County President Judge Jolene G. Kopriva. Altoona resident Max Christian Anslinger filed a lawsuit against the convenience store chain after he became sick on what he claimed […]

November 25, 2007

Off to New Orleans – The “Big Easy”

I am sitting at home not wanting to head to the airport for a trip to New Orleans (it is Thanksgiving weekend anyway) to meet with lawyers and insurers from ConAgra (sounds fun?).  I must admit that I am skeptical of the meeting given that to date ConAgra has resolved no claims of any significance […]

November 24, 2007

American Foods Group Recalls Ground Beef Products due to E. Coli O157:H7 Contamination and Illnesses in Illinois

"We believe in caring for our customers and caring for our employees. That will not change."                 Tom Rosen, Co-Chairman of American Foods Group, LLC Oh, Really?  I guess lightning can strike more than once in the same spot! American Foods Group, LLC (AFG), a Green Bay, Wisconsin firm, is recalling approximately […]

November 24, 2007

Egg Safety – Pasteurization

The FDA Today Reminds Consumers to Practice Egg Safety This Holiday Season The U.S. Food and Drug Administration (FDA) reminds consumers to pay special attention to the handling of eggs and preparation of foods that contain eggs during this holiday season. Some holiday favorites, such as cookie dough, homemade eggnog, and some types of stuffing, […]

November 24, 2007

Topps – Lessons America Forgot from Upton Sinclair’s “Jungle”

In October Topps Meat Company, founded in 1940, went out of business. That was after Topps had recalled nearly 22 million pounds of frozen hamburger contaminated with E. coli and 40 people across the U.S. had become ill. Tort deformers decried the “tragedy” that is this Topps’ collapse – that a business went under and […]

November 23, 2007

Food Porn, Food Fight and the Quest for Food Safety – Is Irradiation the Silver Bullet?

Last week Lenny Russo, a St. Paul chef and restaurateur (my guess is that food porn would apply here – "Lenny Russo is passionately dedicated to Midwestern cuisine") posted the following Op-ed: Tainted food calls for changes in farm practices for contamination – To fight E. coli contamination, start by looking at the environment of […]

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