A federal court has issued an injunction against a California company, Rizo Lopez Foods Inc., following a listeria outbreak linked to multiple hospitalizations and two deaths. The injunction prevents the company from manufacturing and distributing adulterated food products.
The civil complaint was filed on September 27 in the U.S. District Court for the Eastern District of California. It alleges that Rizo Lopez Foods, along with its president and CEO Edwin Rizo, and CFO Tomas Rizo, violated the Federal Food, Drug, and Cosmetic Act at their Modesto facility by producing adulterated food products. The company's product line includes cotija cheese, yogurt, sour cream, and other foods sold under various brand names.
The complaint details how Hawaiian state health officials detected Listeria monocytogenes in cheese made by the defendants earlier this year. Subsequent inspections by the FDA found Listeria monocytogenes in two locations within the facility and noted unsanitary conditions. Genetic analysis linked this strain to cases dating back to 2014 during a prolonged listeriosis outbreak identified by the CDC. The CDC reported 26 cases across 11 states, resulting in 23 hospitalizations and two deaths. In response to these findings, Rizo Lopez recalled all cheese and dairy products produced at their facility in February.
"Food manufacturers have an important responsibility to ensure the safety of their products," stated Principal Deputy Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. "The Justice Department and FDA will continue to work closely on enforcement actions against food manufacturers who fail to meet their obligations."
U.S. Attorney Phillip A. Talbert emphasized compliance within his jurisdiction: “Food producers in the Eastern District of California feed the nation,” he said.
The defendants agreed to settle with a consent decree of permanent injunction which requires them to cease operations related to food processing until specific conditions are met. This includes notifying FDA before resuming operations and complying with remedial measures outlined in the injunction.
Trial Attorney David G. Crockett Jr., Senior Trial Attorney James Nelson from the Justice Department's Civil Division, alongside Lauren Fash from FDA’s Office of Chief Counsel, prosecuted this case.
Additional information regarding consumer protection efforts is available at www.justice.gov/civil/consumer-protection-branch.
It should be noted that these claims resolved by today's consent decree are allegations only; no liability determination has been made.
