Federal Court Enters Consent Decree Against Rizo Lopez Foods

A federal court issued a permanent injunction against Rizo Lopez Foods Inc. following a multi-state listeriosis outbreak linked to the company’s dairy products. The outbreak resulted in the hospitalization of 23 individuals and the death of two people.

The U.S. District Court for the Eastern District of California ordered a consent decree of permanent injunction against the Modesto-based company and its co-owners, Edwin and Tomas Rizo.

A consent decree of permanent injunction means that a company (or individual) has agreed, under court supervision, to follow certain conditions—such as halting certain activities—until they meet regulatory or legal standards. This injunction is enforced indefinitely unless the court modifies or lifts it.

The court order bars them from manufacturing or selling certain products until they comply with the Federal Food, Drug, and Cosmetic Act (FD&C Act) and federal regulations.

What Prompted this Injunction Against Rizo Lopez Foods

This ruling follows a comprehensive investigation by the U.S. Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), and state and local agencies.

The investigation identified Rizo Lopez Foods as the source of a listeriosis outbreak linked to queso fresco and cotija cheeses.

Listeriosis, a disease caused by Listeria monocytogenes bacteria, can lead to severe health complications, especially in vulnerable populations. Pregnant women, the elderly, and individuals with weakened immune systems are particularly at risk.

Related Article: FDA Issues Improvement Plan to Modernize Foodborne Illness Outbreak Responses

In January 2024, a sample of Rizo Lopez’s Aged Cotija Mexican Grating Cheese tested positive for L. monocytogenes during a routine inspection in Hawaii. Subsequent tests revealed that the strain matched previous cases of listeriosis identified by the CDC.

The FDA’s investigation further confirmed the presence of the same bacteria strain in the company’s facility, prompting Rizo Lopez Foods to recall all its dairy products in February 2024, regardless of their sell-by dates.

The CDC’s outbreak investigation uncovered 26 cases of listeriosis across 11 states, leading to 23 hospitalizations. Tragically, two people died, and one pregnant individual experienced a pregnancy loss.

Where the Listeria-Tainted Products Were Distributed

The recalled products were distributed nationwide by RLF and through distributors. They were also sold at retail deli counters, including, but not limited to, El Super, Cardenas Market, Northgate Gonzalez, Superior Groceries, El Rancho, Vallarta, Food City, La Michoacana, and Numero Uno Markets.

The recalled products include cheese, yogurt, and sour cream sold under the brand names Tio Francisco, Don Francisco, Rizo Bros, Rio Grande, Food City, El Huache, La Ordena, San Carlos, Campesino, Santa Maria, Dos Ranchitos, Casa Cardenas, and 365 Whole Foods Market. 

Jim Jones, FDA Deputy Commissioner for Human Foods, emphasized the responsibility of food producers to ensure safety. He reaffirmed the FDA’s commitment to holding companies accountable when public health is endangered.

“Through this unfortunate outbreak, we see what can happen when a company fails to meet their legal responsibilities,” said Jones.

The court order requires Rizo Lopez Foods to take corrective actions and gain FDA approval before resuming operations. This applies to all individuals and businesses associated with the company.