Marler Blog

December 11, 2025

FDA issues Class 1 recall for 3,482,131 cans and 3,531,901 single serve packets of ByHeart Infant Formula due to Botulism Risk

Class I recall: a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death. # Product Description Recall Number Classification Code Information Product Quantity Reason for Recall 1 1. ByHeart Whole Nutrition Infant Formula cans 24 OZ 680 grams; Cans […]

December 11, 2025

Bill Marler: The Lawyer Who Changed the Way America Thinks About Food Safety

December 11, 2025 – About Insider When most people think about food safety, they picture government agencies, health inspectors, or warning labels on packaging. But behind some of the biggest changes in America’s food system is one man whose pursuit of justice turned tragedy into nationwide reform: Bill Marler, widely regarded as the most influential […]

Case News Food Safety Attorney +2
December 10, 2025

California, Texas and Arizona hardest hit in ByHeart Botulism Outbreak

States with illnesses: 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. Illnesses occurred from December 2023 through December 2025. ByHeart infant […]

Case News Botulism Lawyer +1
December 10, 2025

A single food safety agency strikes again – where to send my Resume?

Hey, could I suggest a new administrator? DURBIN, DELAURO INTRODUCE THE FEDERAL FOOD ADMINISTRATION ACT WASHINGTON – Today, U.S. Senate Democratic Whip Dick Durbin (D-IL) and U.S. Representative Rosa DeLauro (D-CT-03) reintroduced the Federal Food Administration Act, legislation that would streamline our food safety system by consolidating the Food and Drug Administration’s (FDA) food oversight responsibilities […]

Case News Food Safety Attorney +2
December 10, 2025

ByHeart Botulism Outbreak jumps to 51 – Illnesses date from December 24, 2023 to December 1, 2025

States with illnesses: 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, in collaboration with the California Department […]

Case News Botulism Attorney +2
December 10, 2025

“Sickness in Seattle” – Bacillus cereus or Clostridium perfringens hits Kanishka Cuisine of India’s “Fusion Thanksgiving Feast”

Summary Public Health is investigating an outbreak of gastrointestinal (stomach) illness associated with food served as part of Kanishka Cuisine of India’s “Fusion Thanksgiving Feast” in Seattle. This food was prepared at the restaurant for pick up by customers or delivery by the restaurant.  We haven’t found a specific food or drink from the Fusion […]

Case News Food Poisoning Attorney +2
December 09, 2025

California recalls Mushrooms for Listeria and Egg for Salmonella

More recalls to report.

Case News Listeria Attorney +4
December 09, 2025

Thank goodness for a Free Press and Science

I do not think most of us think just how blessed we are that scientists are doing the hard work creating miracles and that the press reports on it so we can be informed. Thanks to both, and for my clients speaking out too. Here is the AP story: When Alessandro Barbera was rushed to […]

Case News Botulism Attorney +2
December 09, 2025

Raw Milk with Salmonella – Again

The New York State Department of Agriculture and Markets is urging consumers to avoid drinking raw milk purchased from a Yates County Farm after a state sample tested positive for Salmonella. Inspectors collected a raw milk sample from Galen Burkholder’s farm in Branchport, which returned a preliminary positive result on December 1, according to the […]

Case News Salmonella Attorney +2
December 09, 2025

Hawaii Costco recalled Macadamia Nuts due to Salmonella

Locations: Hawaii Kai warehouse Affected Purchase Dates: November 29, 2025 – December 4, 2025 Hazard: American Nuts, LLC in cooperation with the Food and Drug Administration (FDA) has announced a voluntary recall of this item labeled with Lot Code: 307HMNC25L3, due to the presence of Salmonella. Consumption of Salmonella-contaminated food can cause serious illness.

Case News Salmonella Attorney +2
December 03, 2025

Proud to have a new member of the Marler Clark Team

Adriana Zimova, JD, MPA, joined Marler Clark as a Litigation Attorney in October 2025. Adriana earned her JD from Harvard Law School, cum laude, and her MPA in International Development from Harvard Kennedy School. Following graduation from law school, Adriana joined Cleary Gottlieb Steen & Hamilton LLP in Washington, DC, where she represented multi-national corporations in […]

Case News Food Poisoning Attorney +4
December 03, 2025

ByHeart Infant Formula Botulism Outbreak rises to 39 in 18 States

Arizona 3, California 5, Idaho 1, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 2, North Carolina 2, New Jersey 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2, Wisconsin 1. The FDA and CDC, in collaboration with the California Department of Public Health (CDPH), Infant Botulism […]

Case News Botulism Attorney +2
December 01, 2025

4th Botulism Lawsuit filed against ByHeart in Texas Federal Court by Marler Clark

Full Complaint: https://www.marlerblog.com/files/2025/12/FS-Pls-Original-Complaint.pdf K.P. was born on July 11, 2025. Plaintiffs began feeding K.P. ByHeart formula on September 30, 2025.  In hindsight, K.P. started to exhibit symptoms on November 6th, ten days before hospitalization and three days before he stopped consuming ByHeart infant formula.  K.P. was becoming increasingly fussy as well as sleeping during the day.  Over […]

Case News Botulism Attorney +2
November 29, 2025

ByHeart Infant Formula went to 21 Countries. Are infants ill? Are they getting the BabyBIG botulism anti-toxin?

The FDA has published the following warning: Consumers worldwide should not use any ByHeart brand infant formula as all ByHeart products are included in this recall. As we know, as of November 26, 2025, a total of 37 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various […]

Case News Botulism Attorney +2
November 28, 2025

My Client died after a 16 month long battle with Listeria

Hello, FDA, CDC and the State of Texas – time to reopen this investigation. My client, John, died a few days ago. He was a 56-year-old resident of Texas with no underlying illnesses when he developed listeriosis on July 16, 2024. Complications of that infection severely and permanently compromised his cognitive function. His Listeria monocytogenes isolate has […]

Case News Listeria Attorney +2
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