SILVER SPRING, MD. — A multistate listeria outbreak linked to queso fresco and cotija cheeses manufactured by Rizo Lopez Foods led the US District Court for the Eastern District of California to enter a consent decree of permanent injunction against the Mexican cheese maker.

The ruling on Oct. 9 against the Modesto, California, company and co-owners Edwin Rizo and Tomas Rizo prohibits Rizo Lopez Foods from manufacturing and selling certain food products until it complies with the Federal Food, Drug and Cosmetic Act (FD&C Act), federal regulations and other requirements.

In collaboration with state and local organizations, the US Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) investigated a string of listeria monocytogenes infections tied to queso fresco and cotija cheeses produced at Rizo Lopez Foods’ facility.

CDC’s investigation of the outbreak found 26 cases of illness – and 23 hospitalizations – in 11 states. Two people subsequently died and four were pregnant, with one suffering a pregnancy loss.

FDA shared that the consent decree legally forbids the company, its co-owners “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 defendants must make appropriate corrective steps to receive FDA approval before operations may be permitted again.

The Hawaii State Department of Health's Food and Drug Branch collected in January of 2024 a sample of the company’s Aged Cotija Mexican Grating Cheese, which tested positive for listeria monocytogenes. FDA said that sample matched previous clinical illnesses identified by CDC. FDA then identified the same strain at the company’s facility during an inspection in January and February.

Rizo Lopez Foods issued a voluntary recall of its dairy products in February.

FDA deputy commissioner for human foods Jim Jones said 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,” Jones said. “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 US marketplace."