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 […]

November 18, 2025

Marler Clark files second Botulism Lawsuit against ByHeart – also calls on ByHeart to immediately pay medical bills and lost wages of families impacted

FILED COMPLAINT We have filed the second of what will be dozens more lawsuits against ByHeart today in Federal Court in California on behalf of a family whose baby was hospitalized with infant botulism after consuming botulism-tainted ByHeart formula. Since the announcement a week ago last Saturday, Marler Clark has been contacted by over a […]

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November 17, 2025

ByHeart, I have a few Questions

Say, food safety people, what questions do you have?

Case News Botulism Lawyer +1
November 17, 2025

Public Health World-Wide: Time to do a Deep Dive into Infant Botulism cases

Since this outbreak broke early last Saturday a week ago, I have learned far too much about Infant Botulism. I have now spoken with a half dozen experts and over a dozen parents of victims whose illnesses span from February 2025 to a few days ago. Interestingly, several of the early 2025 cases identified ByHeart […]

Case News Botulism Attorney +2
November 17, 2025

Yes, even Trinidad and Tobago are warning against ByHeart Botulism Outbreak

With the product being sold online, several countries are warning their citizens of the risk of infant botulism. The Ministry of Health has issued a public advisory regarding an international alert about contaminated ByHeart Whole Nutrition baby formula, which has been linked to multiple cases of infant botulism.  According to the Centers for Disease Control […]

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November 16, 2025

Fresh & Ready given FDA Warning Letter after 10 Hospitalized with 1 Death due to Listeria

A total of 10 people infected with the outbreak strain of Listeria were reported from two states. Sick people’s samples were collected from December 3, 2023, to September 9, 2024. Of the 10 people with information available, all 10 were hospitalized. One death was reported from Nevada. Here is the Warning Letter in full: September 5, 2025 WARNING […]

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November 16, 2025

CDPH: Hotline to Answer Questions on Infant Botulism

SACRAMENTO – The California Department of Public Health (CDPH), in an effort to assist Californians seeking help and support in response to the nationwide outbreak of infant botulism has opened a public hotline for concerned parents and caregivers with questions about infant botulism. The public can reach CDPH directly toll-free at 1-833-398-2022. The public hotline, […]

Case News Botulism Lawyer +1
November 15, 2025

Two infants with Botulism in Pierce and Lewis Counties Washington

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 data show that ByHeart Whole Nutrition infant formula might be contaminated with Clostridium botulinum, which is […]

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November 14, 2025

Botulism News: DeLauro Demands Inspection Records for ByHeart Infant Formula Facilities

November 14, 2025  Press Release Today, US Representative Rosa DeLauro released a letter she wrote to FDA Commissioner Marty Makary requesting the Food and Drug Administration facility inspection records for ByHeart, following reporting that the company’s infant formula was linked to an infant botulism outbreak:   “There must never be a question in parents’ minds that […]

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November 14, 2025

Botulism hitting close to home – Pierce County reports new case linked to ByHeart

Parents and guardians should immediately stop using ByHeart Whole Nutrition Infant Formula. This additional case has not yet been added to CDC numbers. A Pierce County infant was diagnosed Nov. 13, 2025, with suspected infant botulism. The infant is being treated at a local hospital. The infant reportedly consumed formula that has now been linked […]

Case News Botulism Attorney +2
November 14, 2025

Infant Botulism Cases Spike linked to ByHeart Formula

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 data show that ByHeart Whole Nutrition infant formula might be contaminated with Clostridium botulinum, which is […]

Case News Botulism Attorney +2
November 13, 2025

NYT Times Reports: Infant Formula Company Tied to Botulism Outbreak Had Known Problems

The New York Times reported this afternoon: A Pennsylvania plant run by the company, ByHeart, was shut down this year after inspectors found mold, a leaking roof and more than 2,500 dead insects in a food production area. ByHeart, the company linked to a botulism outbreak in infants, shut down one of its manufacturing plants […]

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November 13, 2025

Marler Clark urges Public Health to reopen all 2025 Infant Botulism Investigations

Since this outbreak broke early last Saturday, I have learned far too much about Infant Botulism. I have now spoken with a half dozen experts and nearly a dozen parents of victims whose illnesses span from February 2025 to a few days ago. Interestingly, several of the early 2025 cases identified ByHeart formula as a […]

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November 13, 2025

UPDATE: Outbreak of E. coli Infections Linked to Twin Sisters Creamery Aged Raw Milk Cheese – 10 Sick

November 13, 2025 One additional Washington resident has been added to this outbreak, bringing the total to 10 cases – 9 Washington residents and 1 Oregon resident. All cases report illness onsets before the cheese was recalled on October 24, 2025.  November 6, 2025 Samples of Twin Sisters Creamery cheese have tested positive for two […]

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November 13, 2025

AP Reports: Botulism Lawsuits Filed against ByHeart “This company potentially faces an existential crisis”

The lawsuits filed Wednesday could be the first of many legal actions against ByHeart, said Bill Marler, a Seattle food safety lawyer who represents Dexter. “This company potentially faces an existential crisis,” he said.  The parents of at least two babies sickened in an infantile botulism outbreak are suing the makers of the ByHeart baby formula at […]

Case News Botulism Attorney +2
November 12, 2025

Botulism, a known risk in infant formula?

One thing about preparing for a lawsuit is digging deep into the facts and the science. One of the recent refrains in this ByHeart infant formula Botulism Outbreak, is how could we have know? Well, you likely could have. Here are some abstracts of discussion of that risk. Infant botulism is now the most common […]

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