A Modesto-based company linked to a deadly bacteria outbreak has discontinued operations after settling a civil complaint filed by the United States.
The complaint was filed Sept. 27 alleging that Rizo-Lopez Foods Inc. — along with its president, CEO and co-owner, Edwin Rizo, and its CFO, secretary and co‑owner, Tomas Rizo — violated the federal Food, Drug and Cosmetic Act at the facility by manufacturing and distributing adulterated food products.
In February, Rizo Lopez Foods recalled all cheese and dairy products produced at its facility after an investigation by the Centers for Disease Control and Prevention identified 26 cases of listeriosis in 11 states linked to the same Listeria monocytogenes strain — a bacterial pathogen.
The infections hospitalized 23 people and killed two others — one in California, one in Texas.
“This is the first time any product that we manufacture has been linked to a food-borne illness,” Edwin Rizo said in a statement in February. “As soon as we were aware of this, we made the immediate decision to stop production and voluntarily recall all our products manufactured in our facility.”
The listeria cases from the outbreak had been reported in 11 states over nearly 10 years — between June 2014 and December 2023. The true number of sick people in this outbreak is likely higher than the number reported, according to the CDC.
The company produced cotija and other cheeses, yogurt, sour cream and other foods 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.
It is headquartered at 201 S. McClure Road.
The civil complaint also alleged the following:
- In January, Hawaiian state health officials detected L. mono in cheese made by the defendants.
- During a subsequent inspection of the facility, the Food and Drug Administration found L. mono in two locations as well as various insanitary conditions.
- 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.
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction — a pre-negotiated judicial order — according to a news release.
The judicial order entered by the court permanently restrains the defendants from violating the Food, Drug and Cosmetic Act, meaning, the company can not ever manufacture and distribute adulterated food products. Adulteration refers to products that are defective, unsafe, not shown to be safe, filthy, or produced under insanitary conditions, according to the FDA.
It went into effect Tuesday.
As part of the settlement, the defendants have discontinued all operations related to preparing and processing food, according to the release.
Under the permanent injunction, the defendants must notify the FDA before resuming operations, comply with specific remedial measures set forth in the injunction and allow the FDA to inspect the facility — including the buildings, sanitation-related systems, equipment, utensils, all articles of food and relevant records.
“Food manufacturers have an important responsibility to ensure the safety of their products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head 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 and put the health of their customers at risk.”
Listeria symptoms
Listeria symptoms — fever, muscle aches, lethargy, headache, stiff neck, disorientation and balance loss, and seizures — can materialize as early as the same day you ingest food with listeria, according to the CDC.
Those most vulnerable to the bacterial illness include pregnant people, those 65 and older and individuals with weakened immune systems.
“This is because Listeria is more likely to spread beyond their gut to other parts of their body, resulting in a severe condition known as invasive listeriosis,” the CDC wrote in a statement.
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