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 issued a permanent injunction against the company, banning 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 outbreak of Listeria monocytogenes infections in multiple states, ultimately traced to queso fresco and cotija cheeses manufactured by Rizo Lopez Foods from Modesto, CA.
In total, the CDC outbreak investigation identified 26 patients across 11 states, including 23 hospitalizations. Two of the patients died. Four people were pregnant, including one who had suffered a pregnancy loss.
In January of this year, the Hawaii State Department of Health’s Food and Drug Branch collected a small sample of the defendants’ Aged Cotija Mexican Grating Cheese, and the sample tested positive for Listeria monocytogenes. The whole genome sequencing of the pathogen in the cheese sample matched previous clinical diseases 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 area surrounding the facility.
In February 2024, Rizo Lopez Foods voluntarily recalled its entire inventory of dairy products, regardless of expiration date.
“Producers of fresco-style cheeses are responsible for producing safe food and complying with food safety laws and regulations. This unfortunate outbreak shows us what can happen when a company fails to meet its legal responsibilities,” said Jim Jones, FDA deputy commissioner for human nutrition.
The consent decree prohibits Rizo Lopez Foods, Edwin Rizo and Tomas Rizo, and any persons or entities actively collaborating or participating with them and receiving notice of the decree, from directly or indirectly manufacturing, preparing, processing, packaging, repackaging, receiving and labeling. , storing and/or distributing products, other than prepackaged foods, in or from their facilities unless and until specific requirements are met to ensure they operate in compliance with the FD&C Act, FDA regulations and the decree. The consent decree requires the defendants to take corrective action and obtain FDA approval before being allowed to resume operations.
Listeria monocytogenes is a type of disease-causing bacteria. When people eat food contaminated with it, they can develop a disease called listeriosis. This infection can have serious adverse effects on consumers, especially women who are or may become pregnant, the elderly, and people with weakened immune systems. Complications of the disease can include pneumonia, damage to the central nervous system, endocarditis, local abscesses, skin lesions, conjunctivitis and death.
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