Food Giant Rizo Lopez Foods Inc. Shut Down After Listeria Outbreak
The Justice Department has obtained an injunction to prevent Rizo Lopez Foods Inc. from manufacturing and distributing adulterated food products following a listeria outbreak linked to multiple hospitalizations and two deaths. The incident occurred at the company’s facility in Modesto, California.
According to a civil complaint filed on September 27, 2024, the United States alleged that Rizo Lopez Foods Inc., along with its President, Chief Executive Officer and co-owner, Edwin Rizo, and its Chief Financial Officer, Secretary, and co-owner Tomas Rizo, violated the federal Food, Drug and Cosmetic Act (FDCA) at the company’s facility in Modesto.
The complaint further alleged that in January, Hawaiian state health officials detected Listeria monocytogenes (L. mono), the bacterial pathogen that can cause listeriosis, in cheese made by the defendants. The government further alleged that during a subsequent inspection of the defendant’s facility, the Food and Drug Administration (FDA) found L. mono in two locations as well as various insanitary conditions. The complaint alleged that a genetic analysis matched the L. mono strain collected in Hawaii to the strain from defendants’ facility, as well as to L. mono samples from patients sickened as early as 2014 during a years-long listeriosis outbreak.
An investigation by the Centers for Disease Control identified 26 cases of listeriosis in 11 states linked to the same L. mono strain. The CDC reported that 23 individuals were hospitalized as a result of the outbreak, including two patients who died. In February, Rizo Lopez recalled all cheese and dairy products produced at their facility.
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The injunction entered by the court permanently enjoins the defendants from violating the FDCA. As part of the settlement, the defendants represented that they have discontinued all operations related to preparing and processing food. Under the permanent injunction, the defendants must notify FDA in advance of resuming such operations, comply with specific remedial measures set forth in the injunction, and allow FDA to inspect their facility, including the buildings, sanitation-related systems, equipment, utensils, all articles of food, and relevant records.
“Food producers in the Eastern District of California feed the nation,” said U.S. Attorney Phillip A. Talbert. “Our office is committed to assuring compliance with the FDCA throughout the District.”
The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.
Mandatory Facts
Defendant: Rizo Lopez Foods Inc.
Criminal Charges: Violating the federal Food, Drug and Cosmetic Act (FDCA)
City and State: Modesto, California
Exact Date: September 27, 2024
Sentence or Outcome: Permanent injunction
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
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Key Facts
- State: California
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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