Bill Marler, a prominent plaintiffs’ attorney with considerable experience in aspects of food safety, noted that containers of ByHeart infant formula are still on the shelves of some supermarkets months after the November 11^th 2025 recall.  The brand was implicated in an outbreak of infant botulism involving 51 confirmed cases in 19 states.

The recall was justified by demonstrating that the Cl. botulinum Type A in isolates from patients was identical to isolates from product applying whole genome sequencing assay. Further studies implicate organic milk powder, an ingredient in the formula, as the source of contamination. 

The FDA should be more aggressive in enforcing recalls, especially since public health is concerned. By the same token retailers should immediately comply with recall notices and remove product to limit exposure to pathogens and foreign material.