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 […]

January 29, 2026

Pasta Listeria Outbreak over after deaths in Hawaii, Illinois, Michigan, Oregon, Texas, and Utah

A total of 27 people infected with the outbreak strain of Listeria have been reported from 18 states. Sick people’s samples were collected on dates ranging from August 1, 2024, to October 16, 2025. Of 26 people with information available, 25 have been hospitalized and 6 deaths have been reported. One death from each of the following […]

Case News Listeria Attorney +2
January 28, 2026

FDA stays mum – AP: Organic West Milk and Dairy Farmers of America appear linked to ByHeart Infant Formula Outbreak

AP’s Jonel Aleccia reports: Two suppliers provided dried milk powder that could be a culprit in the outbreak of botulism tied to ByHeart infant formula that has sickened dozens of babies, The Associated Press has learned. Organic whole milk powder that tested positive for the type of bacteria that causes botulism was made from milk provided by Organic West […]

Case News Botulism Attorney +2
January 28, 2026

Will the FDA name the distribution chain of the milk (fluid and powdered) used by ByHeart that tested positive for Botulism? Some parents want to know.

The CDC and FDA reported last Friday that 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 sequencing analysis (WGS).  The second whole milk powder sample was […]

Case News Botulism Attorney +2
January 23, 2026

I have Questions: Where else did the supplier of whole milk powder implicated by the FDA in the ByHeart Botulism Outbreak send its product? Is that supplier linked to other infant botulism cases?

Today, January 23, 2026, the CDC and FDA reported that 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 sequencing analysis (WGS).  The second whole milk powder […]

Case News Botulism Attorney +2
January 23, 2026

FDA – ByHeart is Source of Botulism Outbreak – Tainted Ingredient Likely

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 analyses indicate that ByHeart Whole Nutrition infant formula is the source of this multistate outbreak of […]

Case News Botulism Attorney +2
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
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