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 […]

October 24, 2006

Spinach – Outbreak is not over

Great Job  – Herb Weisbaum, MSNBC contributor, for keeping this issue in the public eye.  Great article entitled: E. coli aftermath: Where is the accountability? With 20 E. coli outbreaks in spinach, lettuce and other salad greens since 1995, it’s clear more needs to be done…. The E. coli outbreak is no longer headline news. […]

October 24, 2006

More tainted-spinach cases confirmed in Maryland

Originally published October 24, 2006 by Nicole Fuller Maryland health officials confirmed yesterday that two more people in the state were sickened by eating spinach contaminated with E. coli during a recent nationwide outbreak, bringing the number of cases in the state to five.  We expect that one more death will be added to the […]

October 21, 2006

Off to Milwaukee Rotary

I have been invited to speak at the Rotary lunch on Monday in Milwaukee about the recent E. coli spinach outbreak, past outbreaks and the legal liability faced by DOLE and Natural Selection Foods, also known as Earthbound Farms.  Wisconsin has been by far the hardest hit State – over 25% of the ill people […]

October 21, 2006

Consumers still leery of spinach

Some interesting quotes and statistics from an article from the The Associated Press. In talking about people’s reluctance to return to Salinas bagged spinach: “As soon as somebody dies, then you’ve created something in people’s minds that’s very hard to overcome….” William E. Rice, a marketing professor at California State University, Fresno. Ultimately, it is […]

October 21, 2006

Ambulance Chaser or Food Safety Advocate?

Just got back from Toronto, Canada giving a talk on the recent E. coli outbreak tied to spinach.  I’ll give the same talk in Milwaukee on Monday to the Rotary.  I’m then off to Chicago to talk about – Food Law and Regulation – Looking ahead to the future of food policy at the Crowne […]

October 19, 2006

Spinach Body Count – and Costs

Friday the FDA and CDC outbreak numbers will come out – it should be: 204 confirmed illnesses, 31 HUS, 3 deaths. I do expect the FDA and CDC to count the Maryland death case shortly as well.  The vast majority of our nearly 100 clients have identified DOLE as the primary source of the E. […]

October 19, 2006

Layoffs at Natural Selection

Larry Parsons from the Monterey County Herald (CA) reported that Natural Selection Foods, the San Juan Bautista produce firm at the center of the national spinach scare, is trimming its work force because of wilting sales today.  Sales are down 70 percent for conventional salad and food-service products, and down 10 percent for the company’s […]

October 18, 2006

Off to Toronto, Canada

I have been asked to speak in Canada about Spinach and Lettuce E. coli outbreaks that have been a plague on both the produce industry and the hundreds of consumers who have become sick or died as a result of eating “ready-to-eat” produce contaminated with cattle feces.  Specifically, there is great interest in the recent […]

October 18, 2006

The Ripple Effect of Bad Spinach

Over 200 sickened and at least 4 deaths are attributed to eating E. coli contaminated spinach.  Now we are seeing the results as consumers turn away from a product that the Spinach/Lettuce industry could have made safer. Salad plant will close after spinach scare; 200 out of job (Associated Press) A northern Indiana salad-processing plant […]

October 16, 2006

Took a short break from Spinach today

I flew from Seattle to Yakima in the storm and fog to give a presentation to the Washington State Department of Health on how to manage the risk of E. coli O157:H7 infections in petting zoos. I have posted the PowerPoint at www.fair-safety.com.

October 15, 2006

E. coli’s effects linger

This article at the Monterey Herald gives a comprehensive assessment on the problems faced by the lettuce and spinach industry of Salinas over the next year – a solution needs to be found. From the article: Bill Marler, a partner in the Seattle law firm Marler Clark, who has represented victims in high-profile foodborne illness […]

October 13, 2006

E. coli Cases Prompt Legal Action

Listen to this story… NPR – News & Notes, October 13, 2006 Spinach, tainted by E. coli bacteria, has reportedly made about 200 people in two dozen states sick. At least three people are said to have died from the outbreak. Lawmakers and advocates are demanding federal authorities do more to eliminate the contamination. Farai […]

October 13, 2006

E. coli in Salinas Valley – No Surprise

I am not surprised that they found cows and cow poop near spinach fields – I found the same a week ago traveling through Salinas:   From AP story of this morning:  E. coli Find Shows Difficult Mix Of Cattle, Spinach Bill Marler, a Seattle lawyer representing 93 people who got sick eating spinach and […]

October 12, 2006

USDA withheld information from state in E. coli investigation

According to FREDERIC J. FROMMER of the Associated Press, Federal officials refused to tell Minnesota authorities which of two beef plants were linked to a fatal E. coli outbreak last summer, according to a state report.  One woman died and at least 17 people were sickened from the E. coli outbreak in the Longville area, […]

October 12, 2006

Smoking Cow Pie

FDA Statement on Foodborne E. coli O157:H7 Outbreak in Spinach Positive Test Results FDA and the State of California announced today that test results from the field investigation of the outbreak of E. coli O157:H7 in spinach are positive for E. coli O157:H7.  Samples of cattle feces on one of the implicated ranches tested positive […]

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