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 […]

May 06, 2023

Marler Clark donates an additional $50,000 to the Dave Theno Fellowship

This fellowship was created in Dave’s honor after his sudden passing in 2017. It is a special opportunity for a young food scientist to work closely with Stop Foodborne Illness and learn from members who have experienced the consequences of failures in food safety firsthand. The Dave Theno Food Safety Fellowship is a partnership between Stop Foodborne […]

E. coli HUS
May 06, 2023

T-shirts coming to the Food Safety Summit

This coming week the Food Safety Summit will come to Chicago. I have the privilege to speak at two sessions on the 10th and 11th. Please stop by the Food Safety News booth to see if they have any of the below T-shirts still available. Since the beginning of my “Get the F out of […]

Salmonella Hepatitis A +1
May 05, 2023

Gallatin County Health Department continues investigation into cause of Dave’s Sushi Foodborne Outbreak

The Gallatin City-County Health Department, the Department of Public Health and Human Services (DPHHS), other local health departments, and federal agencies continue to investigate the foodborne illness outbreak linked to eating food at Dave’s Sushi in Bozeman.   The investigational activities are ongoing, and DPHHS and the Gallatin City-County Health Department acknowledge that the investigation […]

Case News
May 05, 2023

Mystery illness in Detroit linked to possible death

The Detroit Health Department is working with Detroit Public Schools Community District (DPSCD), and Michigan Department of Health and Human Services (MDHHS) to assess an apparent increase in illnesses amongst students at Marcus Garvey Academy located in Detroit. After receiving reports of symptomatic students at Garvey, the Detroit Health Department responded by sending a team to […]

Case News
May 03, 2023

Learning about Morel Mushroom risks – a naturally occurring toxin called hydrazine

Despite practicing law in the food safety space for over 30 years, I am always learning something new and that usually is bad. With at least 30 sickened with 2 dead linked to Dave’s Sushi in Bozeman, Montana that appear to be linked to the consumption of morel mushrooms that Dave’s ownership has cited as […]

Case News
May 03, 2023

Here we go again – PLEASE vaccinate Food Service Workers.

Perhaps I should send them a t-shirt? The Marion County Health Department (MCHD), in cooperation with La Cocina Mexicana Restaurant in Salem, is investigating a report of Hepatitis A virus exposure. As a preventative measure, MCHD is recommending that customers who consumed food, whether dine-in, or pickup, purchased on April 20th, 21st, 22nd, 23rd,24th, and […]

Hepatitis A
April 29, 2023

Why did the CDC and FDA not make public a 2022 Cantaloupe Salmonella Typhimurium Outbreak that sickened 88, hospitalizing 32?

In August 2022, the U.S. Food and Drug Administration (FDA), Centers for Disease Control and Prevention (CDC), and state partners conducted an outbreak investigation into a multistate outbreak of Salmonella Typhimurium linked to cantaloupe. However, the public was not told about the outbreak until a few days ago.  Here are the numbers: This is the explanation from the […]

Salmonella
April 27, 2023

“Poisoned” coming to the historic Lynwood Theatre July 1 and July 2

After its premiere at the Tribeca Film Festival June 9, “Poisoned” will show July 1 (4:30PM) and July 2 (6:30PM) on Bainbridge Island. The theatre seats 225 and the events will be used as a fundraiser for Helpline House. The author, Jeff Benedict will be around to sign books. There will be a short Question […]

Case News
April 27, 2023

Is Dave’s Sushi Restaurant the Restaurant implicated by the FDA?

According to the Gallatin County Health Department, Dave’s Sushi in Bozeman is closed until further notice due to possible foodborne illnesses. The health department was notified of possible foodborne illness linked to eating at Dave’s Sushi on April 17. At this time, it is unclear what pathogen caused the illness. On April 18, the health […]

Case News
April 27, 2023

On the road – “Why it is a bad idea to poison your customers”

Well, I am clearly back on my pre-COVID travel schedule. Last week I was in Ontario speaking at the Ontario Food Protection Association.  This week I had the pleasure to speak at the TH Chan School of Public Health at Harvard.  Next week I will keynote at the Western Food Safety Summit Conference in Salinas.  Then it is […]

VTEC
April 25, 2023

So, why does it take 5 years to not figure out a foodborne illness outbreak?

CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration (FDA) are collecting different types of data to investigate a multistate outbreak of Listeria monocytogenes infections. A specific food item has not yet been identified as the source of this outbreak. Sick people’s samples were collected from July 3, 2018, […]

Listeria
April 25, 2023

Tribeca Film Festival tickets go on sale May 2 for Poisoned

Just heard there will be three showings with tickets going on sale next week. See you in New York.

Case News
April 25, 2023

USDA takes step in right direction: Salmonella is an Adulterant on “some” Chicken

This was embargoed until a few moments ago. USDA Proposes Declaring Salmonella an Adulterant in Breaded Stuffed Raw Chicken Products WASHINGTON, April 25, 2023 – The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) released today a proposed determination to declare Salmonella an adulterant in breaded stuffed raw chicken products when they exceed a very low level of Salmonella contamination. This announcement […]

Salmonella
April 20, 2023

Poisoned – Coming to Tribeca Film Festive in June.

Poisoned at Tribeca – https://tribecafilm.com/films/poisoned-the-dirty-truth-about-your-food-2023

Case News
April 18, 2023

Some new t-shirt projects – HAV Vaccines, Salmonella and Chicken and Reporting Cronobacter

My GET THE F OUT OF THE FDA t-shirt has been a big hit. We have given out over 750 to Members of the House and the Senate and hundreds of others to food safety professionals around the world. Here are a few more ideas that are in the t-shirt pipeline – Vaccinating food services […]

Salmonella Hepatitis A +1
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