This legal action is a result of a comprehensive investigation conducted by the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), in collaboration with state and local health agencies. The investigation focused on a multi-year, multistate outbreak of Listeria monocytogenes infections directly traced back to queso fresco and cotija cheeses produced by Rizo Lopez Foods in Modesto, California.
Listeria monocytogenes is a dangerous bacterium that causes listeriosis, a severe foodborne illness. Consumption of food contaminated with this bacteria can lead to significant health risks, especially for vulnerable populations such as pregnant women, the elderly, and individuals with compromised immune systems. Listeriosis can result in serious complications, including pneumonia, damage to the central nervous system, endocarditis, abscesses, skin lesions, and conjunctivitis.
The outbreak investigation gained critical momentum in January 2024 when the Hawaii State Department of Health detected L. monocytogenes in a retail sample of Lopez Foods’ Aged Cotija Mexican Grating Cheese. Further analysis, including whole genome sequencing, confirmed that the L. monocytogenes strain in the cheese matched the strain responsible for the ongoing clinical illnesses identified by the CDC. Subsequent FDA inspections of the Lopez Foods manufacturing facility between January and February 2024 corroborated these findings, identifying the same L. monocytogenes strain within the facility environment. This evidence strongly indicated that the contamination originated within the Lopez Foods facility. In response to these findings, Rizo Lopez Foods initiated a voluntary recall in February 2024, removing all dairy products from the market, regardless of their sell-by dates.
The CDC’s outbreak investigation revealed a total of 26 reported illnesses across 11 states, leading to 23 hospitalizations and, tragically, two deaths. Among those affected, four were pregnant women, including one case of pregnancy loss, highlighting the severe consequences of this outbreak linked to Lopez foods.
FDA Deputy Commissioner for Human Foods Jim Jones emphasized the critical importance of food safety, stating, “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. 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 explicitly prohibits Rizo Lopez Foods, Edwin Rizo, and Tomas Rizo, along with any associated parties, from any involvement in manufacturing, processing, packing, receiving, labeling, holding, or distributing any products (excluding pre-packaged foods) from their facilities. This prohibition remains in effect until they meet specific corrective action requirements and receive explicit approval from the FDA to resume operations. The decree mandates comprehensive corrective actions to ensure future compliance with the FD&C Act and FDA regulations.
The FDA is dedicated to promoting a robust food safety culture within the food production industry. The agency has developed a detailed strategy aimed at minimizing the risk of listeriosis outbreaks associated with soft, fresh cheeses like queso fresco. The FDA continues to collaborate with food companies to strengthen food safety practices and safeguard the U.S. food supply.
Related Information
For further details, please refer to the following resources:
- Link to the original FDA press release
- Link to the CDC Outbreak Investigation
- Link to Rizo Lopez Foods Recall Announcement
- Link to FDA Strategy for Listeriosis Prevention
