In 1993, Marler represented 9-year-old Brianne Kiner in litigation against
Jack in the Box following an
E. coli O157:H7 outbreak, securing a $15.6 million settlement.[3] He subsequently directed his practice toward foodborne illness, representing many more people affected by diseases such as E. coli,
hepatitis A, and
Salmonellosis. He has been involved in litigation relating to most of the large foodborne illness outbreaks in the United States, representing individuals against large companies such as
Chili's,
Kentucky Fried Chicken,[4]Dole, and
ConAgra.[5]
Marler is also involved with OutBreak, a
nonprofit organization under the auspices of Marler Clark. In this capacity he travels extensively, discussing foodborne illness litigation and related issues with
public health groups, fair associations, and
food industry groups.[6]
As a proponent of improved food regulation, Marler has been asked to speak to numerous groups to address the subject, including testimony to both the
California State Senate Governmental Organization Committee[7] and the
U.S. HouseCommittee on Energy and Commerce.[8]
Marler's involvement in the
1993 Jack in the Box E. coli outbreak is detailed in author
Jeff Benedict's book Poisoned: The True Story of the Deadly E. Coli Outbreak That Changed the Way Americans Eat.
"Poisoned". Official website of Jeff Benedict. Retrieved May 30, 2021. The book has been adapted into
Marler is featured heavily in "Poisoned: The Dirty Truth About Your Food" a documentary that builds upon the book "Poisoned" by Jeff Benedict. The documentary delves into the public and private influences that shape decisions regarding food safety in the United States. It traces the origins of foodborne illnesses, starting with the Jack in the Box E. coli outbreak in 1992-1993 and continuing to the present day. The film is directed by
Stephanie Soechtig and premiered at 2023
Tribeca Film Festival, and is set to be released on
Netflix on August 2, 2023.[9]
In 2009, Marler founded Food Safety News to "fill a void" in food safety's media coverage. He is a regular contributor to the Food Poison Journal. In January 2016, The Daily Meal named him one of "America's 50 Most Powerful People in Food for 2016".[10] His professional blog was listed by the
American Bar Association as one of the top 100 legal blogs.[11] And in The New Yorker piece "
A Bug in the System", journalist
Wil S. Hylton referred to Marler as "the most prominent and powerful food-safety attorney in the country."[12] According to Marler's own estimation he has won over $600 million in food safety judgements for his clients.[13]
A January 19, 2020 article in The Washington Post detailed Marler's fight for
USDA regulations that would ban meat contaminated with certain Salmonella strains from being sold.[14]
Awards and distinctions
New Jersey Association of Justice's Gold Medal for Distinguished Journalism (2023)[15]
Seattle University Distinguished Law Graduate Award (2013)[16]
Seattle University Professional Achievement Award (2011)[17]
NSF Food Safety Leadership Award: Innovation in Education (2010)[18]
Public Justice Award, Washington State Trial Lawyer's Association (2008)[19]
Outstanding Lawyer Award, Seattle/King County Bar Association (2008)[20]
"Super Lawyer", Washington State Attorneys (1998–Present) [21]
Governor Appointee, Washington State University Board of Regents (1998-2004)[22]
Distinguished Achievement Award, WSU College of Liberal Arts (1997)[23]
^Lorr, Benjamin (September 8, 2020). The Secret Life of Groceries: The Dark Miracle of the American Supermarket. Penguin Publishing Group. pp. 192–193.
ISBN9780553459418.