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 […]

June 06, 2020

Tomorrow is World Food Safety Day – But with COVID-19 and justified street protests over BLM, we have a lot on our plates

The second annual observance of World Food Safety Day is June 7. This day is an opportunity to promote awareness about how to keep our food supply safe and recognize the many people who help get healthy and safe food to our tables True enough, but with COVID-19, and yet another death of a black man at […]

Lawyer Op-Ed
June 06, 2020

CDC breaks with Trump on inhalation or ingestion of cleaners and disinfectants to prevent COVID-19

CDC reports: Knowledge and Practices Regarding Safe Household Cleaning and Disinfection for COVID-19 Prevention — United States, May 2020. A recent report described a sharp increase in calls to poison centers related to exposures to cleaners and disinfectants since the onset of the coronavirus disease 2019 (COVID-19) pandemic. However, data describing cleaning and disinfection practices […]

Case News
May 29, 2020

Law360 Bill Marler and COVID-19

Law360: Prominent food safety plaintiffs’ attorney Bill Marler of Marler Clark LLP, who has been representing victims of foodborne illnesses since the early 1990s, recently spoke with Law360 about practicing remotely from his home on Bainbridge Island in Puget Sound and about food safety concerns during the COVID-19 pandemic. Marler began his career in 1993, […]

E. coli Salmonella +1
May 23, 2020

STOP and CSPI weigh in on Salmonella Adulterant Petition with USDA

Stop Foodborne Illness and the Center for Science in the Public Interest (CSPI) are calling for important changes at the U.S. Department of Agriculture to reduce consistently high burdens of foodborne illness associated with Salmonella and Campylobacter in poultry. In comments filed with USDA’s Food Safety and Inspection Service (FSIS), the groups said that USDA’s […]

Salmonella Campylobacter
May 21, 2020

Captain Obvious:  Nearby cow shit can cause E. coli Outbreaks in leafy greens

This is not meant as a criticism of my friends at the FDA or the good people at LGMA – California and Arizona – or at Western Growers, United Fresh or PMA.  But seriously, since leafy green E. coli O157:H7outbreaks spiked in the early 2000’s, is anyone surprised by the following conclusion by the FDA […]

E. coli HUS
May 13, 2020

Lack of food worker safety will lead to a lack of food security

According to data collected by FERN, as of May 13 at 12pm ET, at least 206 meatpacking and processed food plants and 9 farms have confirmed cases of Covid-19, and at least two meatpacking plants and five processed food plants are currently closed. At least 15,525 workers  (14,136 meatpacking workers, 1,017 food processing workers, and 372 farmworkers) have tested positive for Covid-19 and at least 60 workers […]

COVID-19
May 12, 2020

Food Inspections and Food Recalls fall during COVID-19 – What will be the impact on Foodborne Illness Investigations is to be seen

Kyle Bagenstose of  USA Today did a deep dive into food safety in today’s article: “Inspections, citations, recalls slashed: Coronavirus is testing America’s food safety net.”  The lack of inspections and recalls are of great concern. In addition, the questions raised about foodborne illness investigations (or the lack thereof) are of even great concern, as […]

E. coli
May 11, 2020

Nebraska Governor – If we don’t tell you it really isn’t happening

So, let me get this right, the President orders meat processing plants to open and a Governor orders to withhold information about COVID illnesses in those same plants. From the CDC as of May 1: COVID-19 cases among U.S. workers in 115 meat and poultry processing facilities were reported by 19 states. Among approximately 130,000 workers at these […]

Case News
May 07, 2020

CDC FoodNet:  2019 was not the best year in Food Safety

With COVID-19, what will 2020 bring? According to FoodNet data published in the recent Morbidity and Mortality Weekly Report, in 2019, compared with the previous 3 years, the incidence of infections caused by pathogens transmitted commonly through food increased (for Campylobacter, Cyclospora, STEC, Vibrio, Yersinia) or remained unchanged (for Listeria, Salmonella, Shigella). These data indicate that Healthy People 2020 targets for reducing […]

E. coli Salmonella +6
May 02, 2020

Re: Food Safety during the time of COVID-19 – we have work to do

Infections from five of eight pathogens tracked by the CDC are on the rise.  See MMWR this week. Initial analysis of data comparing the period from 2016-2018 with numbers for 2019 (see table below) shows that the federal government’s Healthy People 2020 targets for reducing foodborne illness will not be met, according to the Morbidity […]

E. coli Salmonella +6
May 02, 2020

Blue Bell pays $19.35 million in fine, forfeiture, and civil settlement payments – President indicted

So says the press release from the Department of Justice today. Here is something that I wrote almost 5 years ago today: After watching the Blue Bell Listeria Outbreak unfold over the last months – especially after reading the FDA’s 483’s, I think it is time for the President and CEO of Blue Bell to consult with […]

Listeria
May 01, 2020

Why offering businesses immunity from coronavirus liability is a bad idea

From professor Lytton in the Conversation: Governors around the country are attempting to restart the economy by easing restrictions put in place to prevent the spread of COVID-19. The prospect of returning to “normal” amid a pandemic has businesses lobbying Congress to grant them sweeping immunity from civil liability for failure to adequately protect workers […]

Lawyer Op-Ed
April 29, 2020

Suggestions for Re-opening the Marler Clark Office – perhaps by June 1

Our offices have been essentially empty for the last month. We have been successfully working remotely since early March and all lawyers and staff have continued to work hard and produce the high quality legal work that Marler Clark is known for. We are starting to plan for the “new normal.”  Here are some thoughts.  […]

Lawyer Op-Ed
April 22, 2020

Sprout E. coli O103 Outbreak – most linked to Jimmy John’s – sickens 51 in Idaho, Utah, Wyoming, Texas, Iowa, Missouri, Illinois, Florida, Virginia and New York

Up from last months count of 39 , the CDC announced today that a total of 51 people infected with the outbreak strain of E. coli O103 were reported from 10 states – Idaho, Utah, Wyoming, Texas, Iowa, Missouri, Illinois, Florida, Virginia and New York. Illnesses started on dates ranging from January 6, 2020, to […]

E. coli
April 22, 2020

Marler Clark has taken the Coronavirus, COVID-19, – Seriously

Recognizing the impact on our communities, we have donated nearly $100,000 to local food banks.  We have also donated $20,000 to area restaurants to serve people in need and to help keep restaurant employees employed.  We are honored to also be serving dinners and lunches to local Police and Fire departments and a local medical […]

COVID-19
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