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 […]

September 11, 2022

No one asked my opinion of FDA organization, but that seldom stops me

Some might have heard that the FDA Commissioner has instituted a review on how the FDA, and it’s Food Safety arms or organized. Setting aside that it might be a good idea to create a single food safety agency with all the parts of USDA and FDA, etc., in one place, perhaps we can at […]

Case News
September 10, 2022

I hope this HelloFresh E. coli Outbreak is not a trend in the wrong direction for ground beef

In the first 10 years of my practice, 90% of the cases I did were E. coli cases linked to ground beef. Hemolytic Uremic Syndrome (HUS) was called the “Hamburger Disease.” It took several years after deeming E. coli O157:H7 an adulterant in ground beef for industry, government, retailers and consumers to bend the curve. […]

E. coli HUS
September 10, 2022

Damn, if this report is true (and translated correctly) Nestlé France has a serious problem

Buitoni affair: new testimonies overwhelm management The testimonies of several employees of the Buitoni factory in Caudry shed light on the health deficiencies observed in their factory. They denounce a reduction in cleaning time imposed in 2015 and a change of flour in 2021. Investigation by Laetitia Cherel, investigation unit of Radio France. First, there is […]

E. coli HUS
September 09, 2022

FDA Updates Outbreak Table – Salmonella, E. coli and “Not Yet Identified”

There are a number of Salmonella outbreak that have sickened many but have yet to be linked to a food product. The E. coli outbreak is still linked to Wendy’s, but a specific food item has not been called by the FDA, although lettuce is the prime suspect. The CDC likely will update numbers today. […]

E. coli Salmonella +1
September 06, 2022

FDA review panel picked to help fix FDA

The Reagan-Udall Foundation today announced five members of an Independent Expert Panel who will conduct the operational evaluation of the Food and Drug Administration’s human foods program. Dr. Jane Henney, former FDA Commissioner, was named as Chair of the panel last month. Joining Henney are Francisco Diez-Gonzalez, James Jones, Barbara Kowalcyk, Shiriki Kumanyika, and John Taylor. […]

Case News
September 05, 2022

Daily Harvest chain of Tara manufacture and distribution determined

It is the good thing about doing this kind of work for nearly 30 years – I know people who know people. More to come.

Case News
September 04, 2022

Hard to believe that September is Food Safety Education Month

With the Wendy’s E. coli outbreak still counting people, the Daily Harvest and Revive people still suffering and the Best of Baltimore Salmonella or Campylobacter outbreak still brewing, that September has anything to do with safe food. An estimated 1 in 6 Americans get foodborne illness (food poisoning) every year, but you can help protect […]

E. coli Salmonella +2
September 03, 2022

Best of Baltimore August 18 party linked to possible Salmonella or Campylobacter Outbreak

According to news reports, health officials in Baltimore and Maryland are investigating an outbreak of Foodborne illness to some that attending the Best of Baltimore event. Press reports indicate that the outbreak might be linked to Campylobacter, although victims’ report it may well be Salmonella. Baltimore Magazine’s Events Director, Macaulay Hammond: “It came to our […]

Salmonella Campylobacter
September 01, 2022

E. coli Illnesses linked to Wendy’s hits 97 with 43 hospitalized, 10 with kidney failure

Since the last update on August 25, 2022, 13 more illnesses have been reported to CDC. As of August 31, 2022, a total of 97 people infected with the outbreak strain of E. coli O157:H7 have been reported from six states.  Illnesses started on dates ranging from July 26, 2022, to August 15, 2022. Sick […]

E. coli HUS
August 31, 2022

Wendy’s E. coli Lawsuits Grow

According to the Center for Disease Control (CDC), 84 people from Ohio (23), Michigan (53), Pennsylvania (2), and Indiana (6), have been infected with the same strain of E. coli O157:H7, with illness onset dates ranging from July 26 through August 9, 2022. At least 38 individuals have been hospitalized, and at least 8 have developed hemolytic uremic […]

E. coli HUS
August 30, 2022

Sickening over 100 customers with E. coli appears to have not cost Wendy’s anything – Yet

What would Dave the founder have done? Would he be concerned about those sickened, those hospitalized, those with acute kidney failure, those with unpaid medical bills and lost wages? According to SeekingAlpha – poisoning people seems to not have had much of an impact on Wendy’s sales, stock price nor the market’s view of Wendy’s future […]

E. coli HUS
August 29, 2022

Marler Clark files 4th and 5th Wendy’s E. coli Lawsuits

Today we are filing the 4th and 5th lawsuits against various Wendy’s franchises, Wendy’s Co., and “John Does” grower, processor and shipper. We are presently representing 32 individuals, including 4 with HUS. We also ask Wendy’s Co., to confirm the names of grower, processor and shipper. And, to offer to pay now the out-of-pocket medical […]

E. coli HUS
August 28, 2022

The Source of Wendy’s E. coli Outbreak is becoming clearer

Some ask me why I get so exercised over foodborne illnesses. Here is an email I just got:   My wife has been hospitalized with typical HUS after E. coli infection verified O157. She consumed Wendy’s three days prior to symptom onset. Has been in hospital from August 6th to present and experienced kidney failure, among […]

E. coli HUS
August 27, 2022

Daily Harvest, Wendy’s – want some free advice?

Here is what Daily Harvest and Wendy’s have said in the last weeks about outbreaks that are negatively impacting hundreds of their customers: Daily Harvest: “At this time, we have identified tara flour as the cause of the issue. Our extensive investigation has involved many experts analyzing data from all sources. We have only used […]

E. coli
August 26, 2022

Things I failed at this week

I did not get Revive and the FDA to recall the Pineapple and Mango Smoothies with tara that has sickened dozens with acute liver failure, including surgeries to remove gallbladders. We are now representing over 30 clients. I did not get Wendy’s to tell me who provided the E. coli-tainted lettuce that has sickened well […]

E. coli
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