Marler Blog

May 12, 2026

Hey, FDA Commissioner Makary, AI has a wild idea – perhaps a Hallucination?

I asked our AI friends – What are the pros and cons of replacing FDA Commissioner Makary with me – here is the response? This is a very timely question — Makary resigned as FDA Commissioner today, May 12, 2026, amid reports of internal tensions and policy clashes, with the vaping dispute reportedly being a […]

December 23, 2025

WTF? ByHeart Botulism Infant Formula still on Store Shelves

Seriously? This was available on Sunday in a major retailer. If it is like this, what about food banks – retailers overseas? All, check your stores, If you see this product contact the FDA – https://www.fda.gov/safety/report-problem-fda

Case News Botulism Attorney +2
December 23, 2025

22 States report 64 people with Salmonella due to Raw Oysters

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 identify the food source of a multistate outbreak of Salmonella Telelkebir infections. Epidemiologic data show that oysters may be contaminated with Salmonella and may be making people sick in this outbreak. […]

Case News Salmonella Attorney +2
December 23, 2025

Chair Cassidy Raises Concerns on Infant Formula Safety, Impact on Children’s Health – ByHeart Botulism

Chair Cassidy Raises Concerns on Infant Formula Safety, Impact on Children’s Health WASHINGTON – U.S. Senator Bill Cassidy (R-LA), chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee, demanded answers from ByHeart for selling potentially unsafe infant formula that infected 51 infants across 19 states with infant botulism. “Ensuring that parents and their […]

Case News Botulism Attorney +2
December 23, 2025

Raw Milk linked to Campylobacter – Again

The New York State Department of Agriculture and Markets (AGM) today warned consumers not to consume unpasteurized raw milk from Horning Family Farms LLC because tests showed Campylobacter jejuni contamination.  On Dec. 15, the New York State Department of Health reported two illnesses to AGM with possible associations to consuming raw milk purchased from Horning […]

Case News Campylobacter Attorney +2
December 23, 2025

Seattle area Tokyo Stop Teriyaki is link in E. coli O157 Outbreak – 6 ill – 4 hospitalized

Public Health is investigating an outbreak of Shiga toxin-producing E. coli O157 (called STEC) associated with food from Tokyo Stop Teriyaki. We are aware of five King County residents who have gotten sick with the same type of STEC using DNA fingerprinting (whole genome sequencing or WGS) after eating food from Tokyo Stop Teriyaki in Bellevue before […]

Case News E. coli Attorney +2
December 22, 2025

Infant Formula Manufacturers (including ByHeart), Packers, Distributors, Exporters, Importers, and Retailers were warned of Botulism Risk in 2023

“Historical associations between powdered infant formula and pathogens such as Cronobacter spp., Salmonella, and Clostridium botulinum should be considered when designing and implementing controls for the safe manufacture of all foods for infants and young children.“ In a letter from the FDA – Infant Formula Manufacturers, Packers, Distributors, Exporters, Importers, and Retailers were warned. March 8, 2023 – Copy […]

Case News Botulism Lawyer +1
December 22, 2025

Bloomberg Reports: Target, Walmart, Whole Foods Targeted in ByHeart Botulism Suits

“ByHeart likely is insolvent and will likely go bankrupt – sooner or later,” Marler wrote in a blog post. “Retailers that sold infant formula will need to step up – morally and legally – to help these families. These lawsuits will help that.” By Anna Edney – Bloomberg Reports: December 22, 2025 at 7:45 AM PST Target […]

Case News Botulism Attorney +2
December 21, 2025

Warning Letter to Bedner – Let’s stop producing Salmonella Cucumbers

WARNING LETTER November 17, 2025 Re: 706726 Dear Mr. Bedner, The U.S. Food and Drug Administration (FDA or we) conducted an inspection of your farm located at 10066 Lee Road, Boynton Beach, FL, from April 1, 2025, through April 3, 2025, in response to the 2024 multi-state outbreak of human infections with Salmonella Africanaand Salmonella Braenderup during which FDA […]

Case News Salmonella Attorney +2
December 21, 2025

Target and Whole Foods – soon to be Walmart – to be added to ByHeart Botulism Outbreak Lawsuits

Last month I said about the Botulism Outbreak (that had at that time ‘only’ sickened 13 – now 51 and rising) linked to ByHeart Infant Formula: “The lawsuits filed Wednesday (in early November) could be the first of many legal actions against ByHeart, said Bill Marler, a Seattle food safety lawyer who represents Dexter. ‘This […]

Case News Botulism Attorney +2
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
1 2 3 4 5 6 ••• 528