Marler Blog

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 […]

November 14, 2025

Infant Botulism Cases Spike linked to ByHeart Formula

The FDA and CDC, in collaboration with the California Department of Public Health (CDPH), Infant Botulism Treatment and Prevention Program (IBTPP), and other state and local partners, continue to investigate a multistate outbreak of infant botulism. Epidemiologic and laboratory data show that ByHeart Whole Nutrition infant formula might be contaminated with Clostridium botulinum, which is […]

Case News Botulism Attorney +2
November 13, 2025

NYT Times Reports: Infant Formula Company Tied to Botulism Outbreak Had Known Problems

The New York Times reported this afternoon: A Pennsylvania plant run by the company, ByHeart, was shut down this year after inspectors found mold, a leaking roof and more than 2,500 dead insects in a food production area. ByHeart, the company linked to a botulism outbreak in infants, shut down one of its manufacturing plants […]

Case News Botulism Attorney +3
November 13, 2025

Marler Clark urges Public Health to reopen all 2025 Infant Botulism Investigations

Since this outbreak broke early last Saturday, I have learned far too much about Infant Botulism. I have now spoken with a half dozen experts and nearly a dozen parents of victims whose illnesses span from February 2025 to a few days ago. Interestingly, several of the early 2025 cases identified ByHeart formula as a […]

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November 13, 2025

UPDATE: Outbreak of E. coli Infections Linked to Twin Sisters Creamery Aged Raw Milk Cheese – 10 Sick

November 13, 2025 One additional Washington resident has been added to this outbreak, bringing the total to 10 cases – 9 Washington residents and 1 Oregon resident. All cases report illness onsets before the cheese was recalled on October 24, 2025.  November 6, 2025 Samples of Twin Sisters Creamery cheese have tested positive for two […]

Case News E. coli Attorney +2
November 13, 2025

AP Reports: Botulism Lawsuits Filed against ByHeart “This company potentially faces an existential crisis”

The lawsuits filed Wednesday could be the first of many legal actions against ByHeart, said Bill Marler, a Seattle food safety lawyer who represents Dexter. “This company potentially faces an existential crisis,” he said.  The parents of at least two babies sickened in an infantile botulism outbreak are suing the makers of the ByHeart baby formula at […]

Case News Botulism Attorney +2
November 12, 2025

Botulism, a known risk in infant formula?

One thing about preparing for a lawsuit is digging deep into the facts and the science. One of the recent refrains in this ByHeart infant formula Botulism Outbreak, is how could we have know? Well, you likely could have. Here are some abstracts of discussion of that risk. Infant botulism is now the most common […]

Case News Botulism Attorney +2
November 12, 2025

Marler Clark, The Food Safety Law Firm, Files First Infant Formula Botulism Case

ByHeart Brand Linked to Outbreak that Sickened 15 in 12 states Bainbridge Island, WA – A lawsuit was filed today in court on behalf of Stephen and Yurany Dexter, parents of E.D.( a minor), against ByHeart, Inc. The Dexter’s are represented by Marler Clark, The Food Safety Law Firm and O’Steen, MacLeod & Combs PLC […]

Case News Botulism Attorney +2
November 12, 2025

Behind the scenes unpaid Public Health officials are watching your back – and, your babies formula tainted with Botulism

Be thankful to the paid and unpaid public servants who are doing the hard work to protect you and your family. As of November 10, 2025, this outbreak includes 15 infants with suspected or confirmed infant botulism from 12 states – Arizona 1, California 2, Illinois 2, Kentucky 1, Minnesota 1, North Carolina 1, New […]

Case News Botulism Attorney +2
November 12, 2025

Reprinted without Permission – but too shocking not to share – the Government might be reopening, but Food Safety be damned

We are in the middle of an infant formula manufacturer sickening babies with Botulism, and we are figuratively throwing the food safety baby out with to soon to be unregulated bath water. We are so stupid and greedy, we care more about lobbyists that we do about infants – WTF! Sorry to the folks at […]

Case News Food Poisoning Attorney +2
November 11, 2025

What Parents need to know about Infant Botulism

What is Infant Botulism? Infant botulism is a rare but serious condition caused by the ingestion of Clostridium botulinum spores, which can grow in the intestines of infants (typically those under one year old) and produce a potent toxin. This condition usually occurs when infants consume contaminated foods, particularly honey, which is known to harbor spores. […]

Case News Botulism Attorney +2
November 11, 2025

CDC and FDA update on ByHeart Infant Formula Botulism Outbreak

As of November 10, 2025, this outbreak includes 15 infants with suspected or confirmed infant botulism from 12 states – Arizona 1, California 2, Illinois 2, Kentucky 1, Minnesota 1, North Carolina 1, New Jersey 1, Oregon 1, Pennsylvania 1, Rhode Island 1, Texas 2, Washington 1. Laboratory confirmation for some cases is ongoing. For […]

Case News Botulism Attorney +2
November 11, 2025

AP Reports uptick in Botulism cases and expanded Recall of ByHeart Formula

AP Reports again: ByHeart, a manufacturer of organic baby formula, recalled all of its products sold nationwide Tuesday, days after some batches were recalled in an expanding outbreak of infant botulism.

Case News Botulism Attorney +2
November 10, 2025

ByHeart says “pooh-pooh” – Public Health has it wrong, it was not us that sickened now 15 with Botulism

Here it is directly from ByHeart’s website after they spent the day on Zoom with consumer groups trying to convince them the of “alternative facts.” DATE: NOVEMBER 10, 2025 An Open Letter to the U.S. Food & Drug Administration Together with the FDA, CDC and other state public health agencies, we share a common goal: […]

Case News Botulism Attorney +2
November 10, 2025

Botulism Outbreak linked to ByHeart Infant Formula jumps to 15 in 12 States

“These mice got sick really quickly” Associated Press reports that an outbreak of botulism tied to ByHeart baby formula has made at least 15 infants sick in 12 states, a California health official said Monday. Nine cases of infant botulism type A have been confirmed, with results on six others pending, said Dr. Erica Pan, […]

Case News Botulism Attorney +2
November 10, 2025

Infant and Adult Botulism – what are the differences?

The primary difference between infant and adult botulism lies in the cause and mechanism of infection: adults typically get botulism from ingesting the pre-formed Clostridium botulinum toxin in contaminated food, while infants get sick from ingesting the bacterial spores, which then grow and produce the toxin inside their immature digestive tracts.  Feature  Infant Botulism Adult Botulism (Foodborne) Primary Cause Ingestion of bacterial spores, […]

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