Consent decree related to deadly outbreak bars company from making and selling cheese

A federal court has entered into a consent decree with Rizo Lopez Foods Inc. regarding a deadly Listeria outbreak traced to its cheeses.

The U.S. District Court for the Eastern District of California entered a permanent injunction against the company, prohibiting it from manufacturing and selling certain food products until it complies with federal law.

The consent decree comes after the Food and Drug Administration and the Centers for Disease Control and Prevention investigated a multi-year, multi-state outbreak of Listeria monocytogenes infections ultimately traced to queso fresco and cotija cheeses manufactured by Rizo Lopez Foods of Modesto, CA.

In total, the CDC outbreak investigation identified 26 patients who were spread across 11 states and included 23 hospitalizations. Two of the patients died. Four individuals were pregnant, including one who suffered a pregnancy loss. 

In January this year, the Hawaii State Department of Health’s Food and Drug Branch collected a retail sample of the defendants’ Aged Cotija Mexican Grating Cheese, and the sample tested positive for Listeria monocytogenes. Whole-genome sequencing of the pathogen in the cheese sample matched previous clinical illnesses identified by the CDC. The FDA inspected the Rizo Lopez facility from January to February 2024, and the FDA subsequently identified the same strain of Listeria monocytogenes in the facility’s environment. 

In February 2024, Rizo Lopez Foods voluntarily recalled its entire inventory of dairy products, regardless of their sell-by dates.

“Producers of fresco-type cheeses are responsible for producing safe food and complying with food safety laws and regulations. Through this unfortunate outbreak, we see what can happen when a company fails to meet their legal responsibilities,” said FDA Deputy Commissioner for Human Foods Jim Jones.

The consent decree prohibits Rizo Lopez Foods, Edwin Rizo, and Tomas Rizo, and any persons or entities in active concert or participation with them who receive notice of the decree from directly or indirectly manufacturing, preparing, processing, packing, repacking, receiving, labeling, holding, and/or distributing any product, excluding pre-packaged food, at or from their facilities unless and until specific requirements are met to ensure they are operating in compliance with the FD&C Act, the FDA’s regulations, and the decree. The consent decree requires the defendants to make corrective actions and receive FDA approval before they may resume operations.

Listeria monocytogenes is a species of disease-causing bacteria. When people eat food contaminated with it, they may develop a disease called listeriosis. This infection can have serious adverse effects on consumers, particularly women who are or may become pregnant, the elderly, and people with weakened immune systems. Complications from the disease can include pneumonia, central nervous system damage, endocarditis, localized abscesses, skin lesions, conjunctivitis and death.

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