Marler Blog

July 09, 2026

Sex, Shigella and the Headlines: Is It Really “Sexually Transmitted,” and Where Do Outbreaks Actually Come From?

The headlines about Shigella have taken a sharp turn. For most of my career the bug showed up in the news the way I knew it best — a daycare outbreak, a sick restaurant worker, a batch of contaminated produce. Lately the headlines read more like something out of an STI clinic: “sexually transmitted superbug,” “drug-resistant Shigella spreading among […]

December 21, 2025

Is ByHeart Formula still on Store Shelves? Have kids become infected with Botulism AFTER the Recall?

Here are some facts. Incubation period for Infant Botulism is 3-30 days.  The first Recall was November 8th when only 13 children were reported ill.  As late as December 3rd (possibly later) they (FDA and State Public Health) were still finding cans on shelves.  Any illnesses after Mid-November could well be coming from product that […]

Case News Botulism Attorney +2
December 20, 2025

What is it with cesium-137 and Shrimp?

Direct Source Seafood LLC, Bellevue, WA, is recalling approximately 83,800 bags of frozen raw shrimp, imported from Indonesia, sold under the Market 32 and Waterfront Bistro brands because they may have been prepared, packed, or held under insanitary conditions whereby they may have become contaminated with cesium-137 (Cs-137). Cs-137 is a man-made radioisotope of cesium. […]

Case News Food Poisoning Attorney +2
December 17, 2025

Good News – CDC reports no new Botulism cases linked to ByHeart Infant Formula

Late on Wednesday night – here is the latest: Arizona 5, California 12, Idaho 2, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 3, North Carolina 2, New Jersey 1, Ohio 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2 and Wisconsin 1. The FDA and CDC, […]

Case News Botulism Attorney +2
December 17, 2025

Rise In Sacramento County Salmonella Case Data Linked To Statewide Egg Outbreak

Salmonella cases rose above normal levels in Sacramento County this fall due to an outbreak linked to contaminated eggs from Vega Farms, Inc., a Dixon, CA based company. Case counts are anticipated to decrease following the voluntary recall by Vega Farms, Inc. “We urge residents and businesses to check for recalled eggs and follow recall guidance to protect […]

Case News Salmonella Attorney +2
December 16, 2025

Surprised? Packaged Salads cause Listeria Outbreaks – 30 illnesses, 27 hospitalizations and 4 Deaths

The CDC describes 2 genetically unrelated outbreaks of Listeria monocytogenes infections (outbreak A and outbreak B) linked to packaged salads from 2 different firms that were investigated simultaneously in 2021. Combined, the outbreaks caused 30 illnesses, 27 hospitalizations, and 4 deaths over 8 years. Those investigations led to recalls of product from 2 different firms and highlight […]

Case News Listeria Attorney +2
December 15, 2025

Target, Walmart, Kroger and Albertson – are you greedy, stupid or both? You can’t get Botulism off your shelves?

Seriously, babies getting botulism and you cannot seem to get the poison off your shelves? If any of you sold this product AFTER the recall date, and a kid became ill, you are subject to punitive damages. Here are some excerpts from FDA Warning Letters of a few days ago. Links below are the full […]

Case News Botulism Attorney +2
December 15, 2025

What a Farmer needs to consider post-flood

We on the Western side of the Cascade Mountains have received a bit more rain and melting snow than usual. Major rivers of jumped their banks and some of the most productive agricultural areas are under water. My hope for a dryer week is quickly evaporating and more flooding is one the way I fear. […]

Case News Food Poisoning Attorney +2
December 14, 2025

FDA continues to Investigate Salmonella, Listeria and Botulism Outbreaks

What’s New The following investigations are now closed:

Case News Food Poisoning Attorney +2
December 14, 2025

FDA Closed Cyclospora Outbreak tied to Parsley and discloses no Grower, Processor, Shipper, Broker or Retailers

The FDA has closed an Outbreak Investigation of Cyclospora cayetanensis (ref #1325) linked to parsley.  According to the FDA, based on CDC’s epidemiological investigation, ill people reported eating food items or dishes that contained parsley before becoming sick. CDC, FDA, and state and local partners conducted epidemiologic and traceback investigations and collected and analyzed product and environmental […]

Case News Food Safety Attorney +2
December 14, 2025

What a top food safety expert won’t order for dinner

He’s worked on foodborne illnesses cases for decades. But even experts struggle to handle the risks. December 14, 2025 By Todd C. Frankel – What a top food safety expert won’t order for dinner Bill Marler studied the dinner menu with professional care as he sat down to eat recently at Ramsay’s Kitchen, an upscale restaurant […]

Case News Food Poisoning Attorney +4
December 13, 2025

What caused the ByHeart Botulism Outbreak that went on for years?

Contaminated supplies? Contaminated plaint? Lots of questions. According to recent reports, the FDA cannot rule out the possibility that contamination might have affected all ByHeart formula products. In response, CDC broadened the case definition to include any infant with botulism who was exposed to ByHeart formula at any time since the product’s release in March […]

Case News Botulism Attorney +2
December 12, 2025

63 in California with Salmonella linked to Vega Farms Eggs

The California Department of Public Health (CDPH) is warning consumers and businesses not to eat, serve or sell recalled in-shell eggs distributed by Vega Farms, Inc. Consumers should throw recalled eggs away or return to place of purchase for a refund, and businesses should not sell or serve recalled eggs.  CDPH is working with local […]

Case News Salmonella Attorney +2
December 12, 2025

We still need the risk of Criminal Sanctions in Food Poisoning Cases

As I wrote last Spring, I have tried to steer clear of politics with respect to the Felon in Chief, but this is nuts, or at least peanuts.  According to yet another edict from the White House, it is now the policy of the United States that: (a)  Criminal enforcement of criminal regulatory offenses is disfavored. (b)  […]

Case News Food Poisoning Attorney +2
December 11, 2025

Marler Clark to file 5th Botulism Lawsuit against ByHeart

Here are some of the details” H.M.’s Botulism Illness Here is the full complaint: https://www.marlerblog.com/files/2025/12/Mazziotti-Complaint.pdf

Case News Botulism Attorney +2
December 11, 2025

Lifting up my friend Dan and his Family

Death Never Scared Me. Not Living Fully—That Was the Terrifying Part. I write this in the past tense because tonight, at 8 p.m., I’ll be signing off. By that, I mean I will be moving forward with MAID—Medical Assistance in Dying. Two years ago, when I was diagnosed with pancreatic cancer, I knew I had […]

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