The situation escalated in January 2024 when the Hawaii State Department of Health discovered L. monocytogenes in a sample of Rizo Lopez Foods' Aged Cotija Mexican Grating Cheese
In a significant legal development, the U.S. District Court for the Eastern District of California has issued a consent decree of permanent injunction against Rizo Lopez Foods Inc., a food manufacturer based in Modesto, California, along with its co-owners, Edwin and Tomas Rizo. This decree prohibits the company from manufacturing and selling certain food products until it aligns with the Federal Food, Drug, and Cosmetic Act (FD&C Act) and related federal regulations.
The action follows a lengthy investigation by the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) into a multistate outbreak of Listeria monocytogenes infections linked to the company’s queso fresco and cotija cheeses.
L. monocytogenes is a harmful bacterium that can cause listeriosis, a serious illness particularly dangerous for pregnant women, the elderly, and individuals with weakened immune systems. The complications can be severe, including pneumonia and central nervous system damage.
The situation escalated in January 2024 when the Hawaii State Department of Health discovered L. monocytogenes in a sample of Rizo Lopez Foods' Aged Cotija Mexican Grating Cheese. Genome sequencing linked this strain to prior illnesses reported by the CDC. An inspection of the facility confirmed the presence of the bacteria in the environment, suggesting it originated from the company's operations. In response to the findings, Rizo Lopez Foods voluntarily recalled all dairy products from its inventory.
“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 outbreak has been linked to 26 illnesses across 11 states, resulting in 23 hospitalizations and two fatalities. Among those affected, four individuals were pregnant, with one experiencing a tragic pregnancy loss.
Under the new consent decree, Rizo Lopez Foods and its owners are barred from any manufacturing or distribution activities, excluding pre-packaged food, until they implement corrective measures and obtain FDA approval. This decree underscores the FDA's commitment to food safety and its ongoing efforts to prevent future outbreaks associated with cheese products.
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