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 25, 2022

We are now beyond four years from the date that the NICD announced the association between Tiger Brands’ polony products and the Listeria Outbreak

This is a crime. We are now beyond four years from the date that the NICD announced the association between Tiger Brands’ polony products and the outbreak, and the work done by all parties has only generated more evidence that the NICD’s and Tiger Brands’ conclusions are accurate. There is no evidence to the contrary. […]

Listeria
May 24, 2022

What you need to know about the Jif Salmonella Peanut Butter Recall and Outbreak

The CDC reports 14 with Salmonella Senftenberg in 12 States linked to Jif peanut butter. Arkansas (1), Georgia (2), Illinois (1), Massachusetts (1), Missouri (1), Ohio (1), North Carolina (1), New York (1), South Carolina (1), Texas (2), Virginia  (1), and Washington (1). However, as the CDC says, “the true number of sick people in […]

Salmonella
May 24, 2022

House and Senate Oversight on Cronobacter and Infant Formula this week

What we know: There have been four sick with two dead from Cronobacter sakazakii linked to Abbott’s manufacturing plant. Now the House and Senate are set to ask questions of the Industry and FDA about how the outbreak happened and how it impacted the supply of infant formula. Formula Safety and Supply: Protecting the Health of America’s […]

Cronobacter
May 22, 2022

So, how many people have Salmonella Senftenberg linked to Jif Peanut Butter?

My email and phone have been a bit busy this weekend with people reaching out who have received notice of the Jif peanut butter recall.  Some have opened and unopened jars, some are presently ill or they and family have been sick over the last several weeks. Most have suffered without seeking medical treatment, and […]

Salmonella
May 21, 2022

Salmonella Peanut Butter Outbreaks – what have we learned since 2008?

Friday night the FDA, along with CDC and state and local partners, reported that they are investigating a multistate outbreak of Salmonella Senftenberg infections linked to certain Jif peanut butter products produced at the J.M. Smucker Company facility in Lexington, Kentucky. Total Illnesses: 14, Hospitalizations: 2, Last Illness Onset: May 1, 2022. States with Cases: […]

Salmonella
May 21, 2022

OK, I admit it – Did I miss if the FDA deemed Peanut Butter a “High-Risk” food yet?

Following the tragedy of the PCA Salmonella peanut outbreak in 2008-2009, that sickened over 700 and killed nine, Dr. Stephen Sundlof of the Food and Drug Administration told lawmakers that agency inspectors will start to routinely collect samples for bacterial testing whenever they go into a peanut butter manufacturing facility. “We are changing that now […]

Salmonella
May 21, 2022

Jif Salmonella peanut butter outbreak hits Arkansas, Georgia, Illinois, Massachusetts, Missouri, Ohio, North Carolina, New York, South Carolina, Texas, Virginia and Washington

Tonight the FDA, along with CDC and state and local partners, are investigating a multistate outbreak of Salmonella Senftenberg infections linked to certain Jif peanut butter products produced at the J.M. Smucker Company facility in Lexington, Kentucky. Total Illnesses: 14, Hospitalizations: 2, Last Illness Onset: May 1, 2022. States with Cases: Arkansas (1), Georgia (2), […]

Salmonella
May 19, 2022

Round 3: Open letter to the leadership at FDA – Please know that these are the people you were bound to protect

In 30 years of practice, I have on numerous occasions offered to FDA leadership the opportunity to meet directly with the people who consumed food that was tainted under the FDA’s watch.  I have always thought that if they only had the chance to meet the victims and their families, they would understand just how […]

E. coli HUS
May 18, 2022

Round 2: Open letter to the leadership at FDA – Please know that these are the people you were bound to protect

In 30 years of practice, I have on numerous occasions offered to FDA leadership the opportunity to meet directly with the people who consumed food that was tainted under the FDA’s watch.  I have always thought that if they only had the chance to meet the victims and their families, they would understand just how […]

Listeria Clostridium
May 17, 2022

Mr. Abbott, you are going to face criminal sanctions

According to the CDC and FDA, at least 4 kids were sickened and of those two died, from drinking Abbott infant formula.  Abbott denies the connection.  However, the resulting investigation and inspection (and whistleblower documents) uncovered enough problems in the Abbott facility to shutter it causing havoc with supplies of infant formula.  The facility is […]

Lawyer Op-Ed
May 16, 2022

Abbott enters Consent Decree with FDA on Cronobacter infant formula outbreak and recall

Here are the highlights of the Consent Decree: Abbott has agreed to take corrective actions following an FDA inspection of its Sturgis, Michigan facility Abbott Nutrition will be required to retain an independent expert to review the Sturgis facility’s operations to ensure compliance with the law. It also includes requirements for testing products, as well […]

Cronobacter
May 14, 2022

Abbott caused the infant formula crisis, but the FDA and public health enabled it – Congress needs to fix it

This week the CDC declared an outbreak of Cronobacter infections over after the FDA received four complaints of Cronobacter infections in infants beginning on September 20, 2021, through January 11, 2022. Two of the babies died. Parents of all four infants reported having fed their children formula produced by Abbott Nutrition before they became ill. Although […]

Salmonella Cronobacter
May 13, 2022

What’s up with Raw Milk, New York and Listeria

Two recalls from two farms in two weeks. April 29, 2022: New York State Department of Agriculture and Markets Commissioner Richard A. Ball today warned consumers not to consume unpasteurized raw milk from Thomas Miller DBA Miller Dairy Farm due to possible Listeria monocytogenes contamination. Thomas Miller DBA Miller Dairy Farm is located at 51 Transport […]

Listeria
May 11, 2022

Open letter to the leadership at FDA – Please know that these are the people you were bound to protect

In 30 years of practice, I have on numerous occasions offered to FDA leadership the opportunity to meet directly with the people who consumed food that was tainted under the FDA’s watch.  I have always thought that if they only had the chance to meet the victims and their families, they would understand just how […]

E. coli HUS
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