Food-Safety Advocate Makes National Law Journal's Top 50 Litigation Trailblazers And Pioneers

By Laurel Maloy, contributing writer, Food Online

Now, more than ever before, is the time to embrace a culture of food safety and Bill Marler may be the driving force behind it.

Bill Marler holds the distinction of being the top lawyer in the nation for litigating foodborne illness and outbreak cases. His name first became known when he led the team that litigated the class action lawsuit against Jack in the Box in 1994. Four children died and hundreds of victims were sickened due to undercooked meat contaminated with Escherichia coli (E. coli) bacteria. The world-renowned case resulted in more than $50 million being paid out in individual and class action lawsuits. This case also prompted Marler to found his own law firm dedicated solely to food safety advocacy.

The Food Safety Law Firm has been in business since 1998 and has been directly involved with every notable foodborne outbreak case. Most recently, Marler’s firm is representing the family of one of the fatalities in the caramel apple Listeria outbreak that is still expanding. Kroger is the most-recent addition to this recall, this being a prime example of one, single supplier affecting numerous brands.

Bill Marler would argue in court that there is simply no reason for this to happen; he would be right. Listeria is one of the most stubborn bugs to kill, but can also be tested for on-site and on shift. Steps can be taken at every supply juncture to avoid this type of contamination. Both environmental and product sampling is easily accomplished. For example, Environmental Listeria Plates (EL Plates) can analyze and detect environmental samples within 27 to 31 hours. EL Plate testing can be accomplished without the use of enrichment, where errors are most-commonly made; therefore, the test can be performed outside of the lab and by a non-professional. Technology has greatly improved for testing all types of pathogens; there are no excuses.

Identify Foodborne Microorganisms At Your Food-Producing Facility

In the case of a recent Foster Farms Listeria recall, contaminated product was set aside, but then was inadvertently shipped. In this case, a simple sign or “crime scene” tape on the affected product may have prevented a costly and brand-damaging recall.  

However, stuff happens — there is no doubt about it.  But, this argument will not stand up in court. Next year, the National Law Journal plans to release a number of new TOP 50 lists. Litigation Trailblazers will be released on December 7, 2015, but prior to that is a Top 50 list for Regulatory & Compliance Trailblazers, due to be released on June 8. Marler may actually make that list as well. You can also be fairly certain that now the competition is on to make these prestigious lists, there will be those firms aiming to knock Bill Marler off his pedestal. Marler did not set out to achieve accolades, but saw a need for litigation in a field that was sorely lacking at the time. He is a trailblazer; and behind every trailblazer are those who aspire to achieve great things as well.

Food Safety is blazing its own trail now. Strive to do something that matters and hope that someday your brand will receive recognition for making a difference.  There is plenty of room for improvement and innovation in the field of food safety. Perhaps the FDA will someday follow suit with a Top 50 list of its own.