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 […]

August 28, 2023

What is the latest on the E. coli Outbreak tied to the University of Arkansas

The Arkansas Department of Health continues to investigate an outbreak of Shiga toxin-producing E. coli (STEC) (presumably E. coli O157:H7)  infections in Northwest Arkansas. Symptoms have been reported by approximately 100 students who attend the University of Arkansas including several hospitalizations at Mercy Rogers Hospital and Children’s in Little Rock. We have been contacted by families whose children (University students) […]

E. coli HUS
August 25, 2023

Marler Clark files second Listeria Lawsuit in Frugals Outbreak

Listeria bacteria found in all milkshake flavors sold at Frugals restaurant at 10727 Pacific Ave. S., Tacoma, WA are associated with a foodborne listeriosis outbreak linked to six hospitalizations and three deaths. Investigators found Listeria in the ice cream machines, which were not cleaned correctly. No other Frugals restaurants are believed to be affected. The restaurant […]

Listeria
August 18, 2023

I Scream, You Scream, We All Scream for Ice Cream – without Pathogens

Thanks to the 1920’s song. The good thing about both practicing food law for a long time and having a foodborne epidemiologist on staff is that we have the history of these outbreaks at our fingertips. Year State Agent Ill Hospitalized Died Brand 2023 Washington Listeria 6 6 3 Frugals 2023 NY and PA Listeria […]

E. coli Salmonella +4
August 16, 2023

In the United States is it safer to eat Pet Food than Poultry?

And, why does the FDA consider Salmonella an adulterant in all foods and the USDA/FSIS does not? According to the FDA, “[p]athogenic bacteria (e.g., Salmonella or Listeria monocytogenes) are considered adulterants in both human and animal food. Although many animals consuming this food may not become sick themselves, they can become carriers and expose their human family members to […]

E. coli Salmonella +1
August 15, 2023

28 years of Leafy Green E. coli Outbreaks – We can and should do better!

E. coli outbreaks associated with lettuce, specifically the “pre-washed” and “ready-to-eat” varieties, are by no means a new phenomenon. In fact, the frequency with which this country’s fresh produce consuming public has been hit by outbreaks of pathogenic bacteria is astonishing. Here are just a sample of E. coli outbreaks based on information gathered by the Center for […]

E. coli HUS
August 12, 2023

What’s up with FSIS and FDA Active Foodborne Illness Outbreak Investigations?

It seems quiet over at USDA/FSIS with only one active investigation of a Salmonella outbreak that has sickened 16. Over at FDA, things are a bit more active with active outbreak investigations with 1 Listeria outbreak tied to ice cream that has sickened 2 and 1 hepatitis an outbreak linked to frozen strawberries that has […]

E. coli Salmonella +3
August 11, 2023

Marler Clark hired by 5 of 10 people sickened by Hepatitis A with Costco purchased frozen strawberries

Ten people in Washington, Oregon, California and Hawaii have contracted Hepatitis A linked to the consumption of frozen strawberries. Epidemiologic and traceback evidence indicate that frozen organic strawberries, imported fresh from certain farms located in Baja California, Mexico in 2022, are the source of this outbreak. The hepatitis A virus strain causing illnesses in this outbreak […]

Hepatitis A
August 10, 2023

Remembering that Ice Cream with Listeria can be Deadly

Real Kosher Ice Cream, of Brooklyn, NY, is recalling soft serve on the go ice cream and sorbet cups, because of potential Listeria monocytogenes contamination. The recall is the result of an individual becoming ill and reporting to have eaten this product. Pennsylvania Department of Agriculture tested samples of product and one sample tested positive […]

Listeria
August 04, 2023

After Netflix Poisoned – What would I do with a Food Safety Magic Wand?

Over two months ago, while watching the premiere of the documentary, “Poisoned,” at the Tribeca Film Festival in NYC, I got thinking again about how little in the past 30 years I feel I have moved the needle on food safety – pathogens and certainly, human nutrition.  Now that “Poisoned” is up on the Netflix platform, […]

E. coli Salmonella +2
August 01, 2023

Folks from Canada are nice, but they do not want E. coli tainted lettuce from California – perhaps they got a sneak peak of Poisoned on Netflix

“Lettuce” make it clear that lettuce from California and Arizona have been problematic over the last 20 years. We – Government, Industry and Consumers need to do more. Watch the trailer and was the full documentary streaming August 2. Here is what Canada Health Officials just posted about importing (or not) lettuce from California. If […]

E. coli
July 31, 2023

A few heroes of Poisoned – Darin Detwiler

When you are sitting comfortable at home feeding your kids or going out to dinner, remember that there are a lot of people that have your back. I will be profiling them over the coming days as Poisoned begins streaming on Netflix. Darin has always been one of my heroes – even before he became […]

E. coli
July 31, 2023

What Parents need to know about E. coli induced HUS

Acute hemolytic uremic syndrome (HUS). Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC). The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or […]

E. coli HUS
July 31, 2023

A few more of the Heroes of Poisoned – Rosa DeLauro

When you are sitting comfortable at home feeding your kids or going out to dinner, remember that there are a lot of people that have your back. I will be profiling them over the coming days as Poisoned begins streaming on Netflix. One of my favorite parts of the movie is Rosa’s call for consumers […]

Case News
July 30, 2023

A few of the Heroes of Poisoned – Sarah Sorscher

When you are sitting comfortable at home feeding your kids or going out to dinner, remember that there are a lot of people that have your back. I will be profiling them over the coming days as Poisoned begins streaming on Netflix. Sarah Sorscher – Director of Regulatory Affairs, Center for Science in the Public […]

Salmonella Campylobacter
July 27, 2023

Seriously, why in hell are the USDA and CDC not protecting the public from Salmonella Infantis in Chicken?

The CDC is reporting that a number of infections from a persistent strain of Salmonella are linked to chicken. It is currently legal for producers, distributors and retailers to sell Salmonella contaminated poultry in the United States. A citizen petition to make it illegal to sell poultry contaminated with any one of 31 strains of […]

Salmonella
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