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 06, 2023

Why, does the CDC and FDA hide the names of producers of tainted Romaine Salads?

Really, what is the point of not telling the public – “who made the salad?”- with a dash of Cyclospora. If consumers are left in the dark, how is the “free market” ever going to reward producers that do not poison customers and punish those that do? Isn’t that the point of transparency for consumer […]

Cyclospora
July 05, 2023

So, who made the Cyclospora Salad?

CDC — Notes from the Field: Doubling of Cyclosporiasis Cases Partially Attributable to a Specific Salad Kit — Florida, 2021–2022  Increase in gastrointestinal illnesses in Florida in 2022 linked to salad kits:              •          Cyclosporiasis is a gastrointestinal infection caused by a parasite acquired through ingestion of food or water contaminated with feces that contain the parasite. After […]

Cyclospora
July 05, 2023

Its official, the trailer for Poisoned is out

Look for it on Netflix in early August. Also, a good time to order the book – https://www.amazon.com/Poisoned-Deadly-Outbreak-Changed-Americans/dp/B0BPKKCSM3

Case News
June 29, 2023

Good on Ya – Council of State and Territorial Epidemiologists for making Cronobacter reportable

I guess you liked the T-shirts? According to the AP: U.S. health officials will start formally tracking infections caused by the rare but potentially deadly germ that sickened babies and triggered a nationwide shortage of infant formula last year. A group that advises the Centers for Disease Control and Prevention agreed Thursday to add infections […]

E. coli Cronobacter +1
June 29, 2023

CDC Report: We are back to “Bad Normal” with foodborne illnesses as COVID wanes

Key Points: Each year, infections from major foodborne pathogens are responsible for an estimated 9.4 million illnesses, 56,000 hospitalizations, and 1,350 deaths in the United States. (All foodborne illnesses account for over 40 million illnesses, 125, 000 hospitalizations and 3,000 deaths). During 2022, annual incidences of illnesses caused by the pathogens Campylobacter, Salmonella, Shigella, and […]

E. coli Salmonella +6
June 28, 2023

Nationwide Cyclospora Outbreak sickens 210 in 22 States

Fast Facts• Illnesses: 210• Hospitalizations: 30• Deaths: 0• States reporting cases: 22• Investigation status: Active (first posted on May 25, 2023) Since this outbreak was announced, we have been investigating Cyclospora illnesses in Georgia, Alabama, Wyoming, and Colorado. We have been retained by a dozen sickened individuals. We have filed two lawsuits in Colorado that […]

Cyclospora
June 27, 2023

Good on Ya, Commissioner Califf – Restructuring the F in the FDA makes sense

The FDA just dropped a press release: “FDA Provides Update on Proposal for Unified Human Foods Program, including New Model for the Office of Regulatory Affairs.”  See full release below. Well, it seems like Commissioner Califf has taken at least one of the recommendations of the Reagan-Udal Foundationand the House Appropriations Committee direction on the restructuring of the FDA. Here […]

Case News
June 26, 2023

Poisoned is coming – to Bainbridge Island, but first to Connecticut

The good folks at Netflix have been kind enough to allow us to do another “red carpet premiere” at the historic Lynwood Theater on Bainbridge Island on July 2 at 5:30 PM after the documentary’s successful premiere at Tribeca.  The tickets are free and can be “purchased” at this Eventbright Link – or can be reserved by emailing jdueck@marlerclark.com. There is […]

E. coli HUS
June 24, 2023

Center for Produce Safety – more work to do

On Wednesday morning, food safety professionals in industry, academia, and government listened to a panel discussion on the future of produce safety at the Center for Produce Safety’s (CPS) 2023 Research Symposium. The panel, featuring attorney Bill Marler of Marler Clark, Inc., PS, Robert Whitaker of Whitaker Consulting, LLC, and Alexandra Belias, Food Safety Manager-Agricultural […]

E. coli
June 23, 2023

Couple dies of Carbon Monoxide Poisoning at Mexican Luxury Hotel

According to press reports: “The deaths of two American tourists on vacation in Mexico prompted the luxury seaside resort they were staying in to temporarily suspend operations until an internal investigation can be conducted. The Hotel Rancho Pescadero, where the couple died, is owned by Hyatt Hotels and is located in El Pescadero, a small town north of […]

Case News
June 22, 2023

“Lawsuits happen, I’m not too concerned about it,” Drori says. No Shit – yes they do – 350 of them!

The quote seems to be a bit more than callous and certainly inflammatory. Who does your media training – a rock? FAST COMPANY – BY AMY FARLEY AND ELIZABETH SEGRAN The CEO speaks for the first time about the tara flour that sickened hundreds, led to lawsuits, and revealed big problems in U.S. food safety. The […]

Toxin
June 22, 2023

Imported Broccoli linked to Cyclospora Outbreak

The CDC, FDA, and state and local partners have determined that the outbreak of Cyclospora cayetanensis has ended and have closed the investigation. Based on epidemiological investigations conducted by CDC and state and local partners, ill people reported eating broccoli before becoming sick. FDA and state and local partners conducted traceback investigations and determined that […]

Cyclospora
June 17, 2023

Hey, CDC, lets recommend Hepatitis A Vaccines to all Food Service Workers

I am heading to Atlanta on Monday. Perhaps I can convince the CDC with good arguments and t-shirts that it is past time to recommend vaccinating food service workers against Hepatitis A. Here is a letter I wrote a few months ago. Also, it really is past time for public health to recommend the same. […]

Hepatitis A
June 16, 2023

What do you need to know during a Norovirus Outbreak

The Hawaii Department of Health notified the FDA of five people who got sick from consuming raw oyster shooters at a restaurant in Hawaii on May 10, 2023. Traceback information found that the source for the raw oysters was that shipment by Dai One Food. Samples collected from the 4/14/2022 harvest date tested positive for […]

Norovirus
June 16, 2023

What do you need to know during a Cyclospora Outbreak

The Alabama Department of Public Health (ADPH) is investigating multiple reports of Cyclospora infection statewide. ADPH has seen more infections with this parasite since April, and there are more than twice as many cases as were reported in Alabama last year. The FDA reports that it is investigating a  Cyclospora outbreak with as many as 28 victims. The […]

Cyclospora Cryptosporidium
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