Marler Blog

September 21, 2026

Deterrence and Detection: A Shout Out to Tom Gremillion — and a Few Points to Add

Just landed in Norway, and the first thing I read off the plane was Tom Gremillion’s new piece for the Consumer Federation of America, “Food Safety and Corruption.” Read the whole thing. Nobody in Washington connects the dots on food safety better than Tom, and nobody says it more plainly. Thank you, Tom — for the piece, […]

September 04, 2023

Ya have to love unredacted FDA Traceback Diagrams

I have been spending the long Labor Day weekend digging deep into the state health departments, FDA and CDC documents surrounding the 2022 Wendy’s E. coli Outbreak that sickens 109, putting dozens in the hospital, with several children suffering acute kidney failure. Here is the FDA Traceback Diagram – expect subpoenas.

E. coli HUS
September 03, 2023

September is Food Safety Education Month

I laugh sometimes that I spend 100% of my time suing companies for poisoning their customers and 100% of my time trying to convince them to do the opposite.  As I have said far too frequently over the last 30 years – “there is a business reason and a moral reason not to poison your customers.” […]

E. coli Listeria
September 03, 2023

What’s with Trader Joe’s and Recalls?

Trader Joe’s Recent Recalls – since July Texas Tamales – Milk allergen not disclosed Multigrain Crackers – Metal Almond Cookies – Rocks Broccoli Cheddar Soup – Insects Falafel – Rocks

Case News
August 31, 2023

A picture is worth far more than a 1,000 words

Perhaps millions in punitive damages and criminal fines for “conscious disregard to a know risk?” People always ask my why do leafy green E. coli outbreaks keep happening. I think the bottom line is that retailers, restaurants, growers, processors and the government simply do not give a cow’s pie about the sickened and/or dead consumers […]

E. coli HUS
August 28, 2023

It has nearly been six years since over 1,000 people were sickened and over 200 died from Listeria-tainted Polony in South Africa

I new journal article on the polony tragedy was just published: “Cost estimation of listeriosis (Listeria monocytogenes) occurrence in South Africa in 2017 and its food safety implications.” Some main points: Estimate the loss of 204 that died was at least $240,000,000 US Hospitalization costs were at least $10,400,000 US Loss to businesses was at […]

Listeria
August 28, 2023

What is the latest on the E. coli Outbreak tied to the University of Arkansas

The Arkansas Department of Health continues to investigate an outbreak of Shiga toxin-producing E. coli (STEC) (presumably E. coli O157:H7)  infections in Northwest Arkansas. Symptoms have been reported by approximately 100 students who attend the University of Arkansas including several hospitalizations at Mercy Rogers Hospital and Children’s in Little Rock. We have been contacted by families whose children (University students) […]

E. coli HUS
August 25, 2023

Marler Clark files second Listeria Lawsuit in Frugals Outbreak

Listeria bacteria found in all milkshake flavors sold at Frugals restaurant at 10727 Pacific Ave. S., Tacoma, WA are associated with a foodborne listeriosis outbreak linked to six hospitalizations and three deaths. Investigators found Listeria in the ice cream machines, which were not cleaned correctly. No other Frugals restaurants are believed to be affected. The restaurant […]

Listeria
August 18, 2023

I Scream, You Scream, We All Scream for Ice Cream – without Pathogens

Thanks to the 1920’s song. The good thing about both practicing food law for a long time and having a foodborne epidemiologist on staff is that we have the history of these outbreaks at our fingertips. Year State Agent Ill Hospitalized Died Brand 2023 Washington Listeria 6 6 3 Frugals 2023 NY and PA Listeria […]

E. coli Salmonella +4
August 16, 2023

In the United States is it safer to eat Pet Food than Poultry?

And, why does the FDA consider Salmonella an adulterant in all foods and the USDA/FSIS does not? According to the FDA, “[p]athogenic bacteria (e.g., Salmonella or Listeria monocytogenes) are considered adulterants in both human and animal food. Although many animals consuming this food may not become sick themselves, they can become carriers and expose their human family members to […]

E. coli Salmonella +1
August 15, 2023

28 years of Leafy Green E. coli Outbreaks – We can and should do better!

E. coli outbreaks associated with lettuce, specifically the “pre-washed” and “ready-to-eat” varieties, are by no means a new phenomenon. In fact, the frequency with which this country’s fresh produce consuming public has been hit by outbreaks of pathogenic bacteria is astonishing. Here are just a sample of E. coli outbreaks based on information gathered by the Center for […]

E. coli HUS
August 12, 2023

What’s up with FSIS and FDA Active Foodborne Illness Outbreak Investigations?

It seems quiet over at USDA/FSIS with only one active investigation of a Salmonella outbreak that has sickened 16. Over at FDA, things are a bit more active with active outbreak investigations with 1 Listeria outbreak tied to ice cream that has sickened 2 and 1 hepatitis an outbreak linked to frozen strawberries that has […]

E. coli Salmonella +3
August 11, 2023

Marler Clark hired by 5 of 10 people sickened by Hepatitis A with Costco purchased frozen strawberries

Ten people in Washington, Oregon, California and Hawaii have contracted Hepatitis A linked to the consumption of frozen strawberries. Epidemiologic and traceback evidence indicate that frozen organic strawberries, imported fresh from certain farms located in Baja California, Mexico in 2022, are the source of this outbreak. The hepatitis A virus strain causing illnesses in this outbreak […]

Hepatitis A
August 10, 2023

Remembering that Ice Cream with Listeria can be Deadly

Real Kosher Ice Cream, of Brooklyn, NY, is recalling soft serve on the go ice cream and sorbet cups, because of potential Listeria monocytogenes contamination. The recall is the result of an individual becoming ill and reporting to have eaten this product. Pennsylvania Department of Agriculture tested samples of product and one sample tested positive […]

Listeria
August 04, 2023

After Netflix Poisoned – What would I do with a Food Safety Magic Wand?

Over two months ago, while watching the premiere of the documentary, “Poisoned,” at the Tribeca Film Festival in NYC, I got thinking again about how little in the past 30 years I feel I have moved the needle on food safety – pathogens and certainly, human nutrition.  Now that “Poisoned” is up on the Netflix platform, […]

E. coli Salmonella +2
August 01, 2023

Folks from Canada are nice, but they do not want E. coli tainted lettuce from California – perhaps they got a sneak peak of Poisoned on Netflix

“Lettuce” make it clear that lettuce from California and Arizona have been problematic over the last 20 years. We – Government, Industry and Consumers need to do more. Watch the trailer and was the full documentary streaming August 2. Here is what Canada Health Officials just posted about importing (or not) lettuce from California. If […]

E. coli
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