Marler Blog

April 18, 2026

CDC: Antibiotic Resistant Shigella becoming higher risk in US

The CDC reports: Shigellosis is a nationally notifiable diarrheal illness caused by gram-negative bacteria. Shigella infection is spread through fecal-oral transmission and sexual contact. Although most infections are self-limited, antibiotics are indicated for severe illness or to reduce transmission in settings with high risk for spread. Since 2015, a growing proportion of cases has been caused by […]

January 23, 2026

Unnamed Suppler to ByHeart of Dried Whole Milk tests positive for Botulism

The CDC reports no new cases of infant botulism linked to ByHeart formula. New Key Finding: As of January 23, 2026, two samples collected by FDA tested positive for Clostridium botulinum type A: One is a ByHeart powdered infant formula closed product sample that matches a clinical isolate from an infant included in this outbreak according to whole genome […]

Case News Botulism Attorney +2
January 22, 2026

Marler Clark files first two Salmonella Lawsuits against Live it Up Greens in Federal Court

We filed two lawsuits yesterday in the Southern District of New York on behalf of two men stricken by consuming Live it Up Greens. As of January 14, 2026, 45 people infected with the outbreak strain of Salmonella have been reported from 21 states. Alabama 1, Connecticut 1, Delaware 1, Iowa 1, Maine 1, Michigan […]

Case News Salmonella Attorney +2
January 22, 2026

Question? FDA and CDC has been silent on ByHeart Botulism Outbreak since December 17, 2025 – What’s up?

Given that is was infant formula, you would think that the FDA and CDC investigators would be updating the public more often on the size and scope of the outbreak and if a cause for the outbreak has been found (ingredient or production contamination). Setting aside that recall product was still being found on store […]

Case News Botulism Attorney +2
January 20, 2026

The ByHeart Botulism Outbreak is a Moral Disaster

Jonel Aleccia Reports: A Portland, Oregon, boy is struggling to recover from infant botulism after drinking contaminated ByHeart baby formula donated through a program that aims to help poor and homeless families. Ashaan Carter, now 10 months old, was hospitalized twice and remains on a feeding tube after contracting the dangerous infection that has sickened more than 50 babies across […]

Case News Botulism Attorney +2
January 18, 2026

ByHeart, Safeway, FDA and ADHS – Botulism in a can still on a store shelf?

Honestly, I am trying to take a few days off and enjoy time away for my wife’s birthday. However, I just got the below photo from the father of one of the 51 children impacted by the ByHeart botulism outbreak. He found the formula still on the shelf at a Safeway in Flagstaff, Arizona – […]

Case News Botulism Attorney +2
January 16, 2026

Marler Clark hired in Live it Up Greens Salmonella Outbreak

As of January 14, 2026, 45 people infected with the outbreak strain of Salmonella have been reported from 21 states. Alabama 1, Connecticut 1, Delaware 1, Iowa 1, Maine 1, Michigan 1, Missouri 1, Nebraska 1, Pennsylvania 1, Tennessee 1, Utah 1, Washington 1, Massachusetts 2, New York 2, South Carolina 2, Vermont 2, Minnesota […]

Case News Salmonella Attorney +2
January 14, 2026

Marler Clark asks Federal Panel to consolidate ByHeart Botulism Litigation

BEFORE THE UNITED STATES  JUDICIAL PANEL ON MULTIDISTRICT LITIGATION   IN RE BYHEART INFANT BOTULISM LITIGATION    MDL DOCKET NO.                PLAINTIFFS’ MOTION TO TRANSFER AND CENTRALIZE RELATED ACTIONS TO THE SOUTHERN DISTRICT OF NEW YORK PURSUANT TO 28 U.S.C. § 1407 Pursuant to 28 U.S.C. § 1407 and Rule 6.2 of the Rules of Procedure of the United States […]

Case News Botulism Attorney +2
January 14, 2026

Live it Up brand super greens supplement powders recalled after 45 with Salmonella in 21 States

As of January 14, 2026, 45 people infected with the outbreak strain of Salmonella have been reported from 21 states. Alabama 1, Connecticut 1, Delaware 1, Iowa 1, Maine 1, Michigan 1, Missouri 1, Nebraska 1, Pennsylvania 1, Tennessee 1, Utah 1, Washington 1, Massachusetts 2, New York 2, South Carolina 2, Vermont 2, Minnesota […]

Case News Salmonella Attorney +2
January 13, 2026

With RFK Jr discouraging Hepatitis A Vaccines – what possibly could go wrong?

In yet another move that underscores that the MAHA movement is more about politics than public health, RFK Jr. is now discouraging the use of hepatitis A vaccines, among others. According to his own CDC: Get vaccinated Hepatitis A vaccine is the best way to prevent HAV infection. Many people think hepatitis A is only […]

Case News Hepatitis A Attorney +2
January 12, 2026

Poultry is leading cause of Salmonella in U.S.

Attribution of Salmonella enterica to Food Sources by Using Whole-Genome Sequencing Data Salmonella enterica bacteria are a leading cause of foodborne illness in the United States; however, most Salmonella illnesses are not associated with known outbreaks, and predicting the source of sporadic illnesses remains a challenge. We used a supervised random forest model to determine […]

Case News Salmonella Attorney +2
January 12, 2026

Florida Heath tests infant formula, but not for Botulism, Salmonella, bacillus cereus or Cronobacter

Interesting testing project – paying attention that things that might be problematic in the long run, but not testing for pathogens that have rocked the infant formula world recently?

Case News Food Safety Attorney +2
January 11, 2026

USDA estimates that Food Poisoning costs the US $74 Billion a year – and that is an undercount

The USDA put out numbers from 2023. As noted: Costs of illness estimates are often used to approximate the public’s willingness to pay to prevent foodborne illnesses. These cost estimates provide a conservative approximation because they do not include the willingness to pay to prevent non-financial impacts of illness, including pain and suffering. The Cost […]

Case News Food Poisoning Attorney +2
January 08, 2026

GAO – We have a way to go to meet the goals of the Food Safety Modernization Act

Food Safety News reports, A report from the Government Accountability Office says the FDA has still not met requirements of the 2011 Food Safety Modernization Act. The Act (FSMA) was written with the intent to shift the Food and Drug Administration’s focus away from reaction and toward the prevention of foodborne illnesses. The Government Accountability […]

Case News Food Safety Attorney +2
January 02, 2026

The ByHeart Botulism Outbreak is not yet over – It may never really be over for some of the babies

The CDC and FDA have not updated the numbers of ill for a few weeks. Hopefully, the numbers have peaked at 51 – I just would not count on it. Here, however, is the reality. I got off the phone a few days ago with a young, single mom whose baby was hospitalized for months […]

Case News Botulism Attorney +2
January 01, 2026

Marler Clark hired in Seattle E. coli Outbreak

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
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