Marler Blog

January 29, 2026

Hey, Infant Formula Industry – It is past time to get your Shit together

This is simply unacceptable. This botulism outbreak, frankly any outbreak that sickens babies, should never have happened. We can do more to protect the most vulnerable. The stork in “operation stork speed” clearly flew into a brick wall and crash landed. This child’s parents bought ByHeart Infant Formula at a Walmart. ByHeart utilized powdered organic […]

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
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
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