October 8, 2024 - Federal Court Enters Consent Decree Against Rizo Lopez Foods Inc. Following Multistate Outbreak of Listeriosis Linked to Queso Fresco and Cotija Cheese Products

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Today, the U.S. District Court for the Eastern District of California entered a consent decree of permanent injunction against Rizo Lopez Foods Inc. ("Rizo Lopez Foods"), a California-based food manufacturer, and the company's co-owners, Edwin Rizo and Tomas Rizo. Among other requirements, the consent decree prohibits Rizo Lopez Foods from manufacturing and selling certain food products until the company complies with the Federal Food, Drug, and Cosmetic Act (FD&C Act), federal regulations and other requirements.

The U.S. Food and Drug Administration and Centers for Disease Control and Prevention (CDC), in collaboration with state and local partners, investigated a multi-year, multistate outbreak of Listeria monocytogenes (L. monocytogenes) infections linked to queso fresco and cotija cheeses manufactured by Rizo Lopez Foods of Modesto, California.

L. monocytogenes is a species of disease-causing bacteria. When people eat food contaminated with L. monocytogenes, they may develop a disease called listeriosis. This infection can have serious adverse effects for 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 and conjunctivitis.

In January 2024, 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 L. monocytogenes. Whole genome sequencing of the L. monocytogenes-positive cheese sample matched previous clinical illnesses identified by CDC. The FDA inspected the Defendants' facility from January-February 2024, and the FDA subsequently identified the same strain of L. monocytogenes in the facility's environment. This match indicates that the L. monocytogenes strain likely originated from the Defendants' facility. In February 2024, Rizo Lopez Foods voluntarily recalled its entire inventory of dairy products, regardless of the sell-by date of the product.

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

"Food safety is a critical responsibility. Producers of fresco type cheeses are responsible for producing safe food, including being in compliance 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 FDA will always put the safety of consumers and public health first and will continue to hold companies accountable when they manufacture and distribute contaminated food into the U.S. marketplace."

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 certain 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.

The FDA remains committed to fostering a culture of food safety among all food producers that provide products to the U.S. The Agency has developed a strategy for reducing the likelihood of outbreaks and illnesses of listeriosis associated with cheeses and will continue to work with companies to ensure the safety of the U.S. food supply.

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