FDA has been notified of additional companies who have issued public notifications or recalls for products linked to the Rizo-Lopez Foods, Inc. dairy recall that were sold at retail locations. Products from the following announcements have been added to the table of recalled products below. 

  • MG Foods recalled S&S Ham & Cotija Torta Sandwich on Telera Roll sold in vending machines and grab-and-go retail markets in FL.

More information about recalled products, including descriptions, sizes, and UPCs or “best by” dates are included in the table of recalled products below. Additional information is also available in the recall notices from the companies.

Recalled dairy products and products made with recalled dairy products sold under the brand names:

  • Bright Farms, Campesino, Casa Cardenas, Dole, Don Francisco, Don Pancho, Dos Ranchitos, El Huache, Food City, Fresh & Ready Foods, Fresh Express, H-E-B, Jack & Olive, La Ordena, Marketside, Maverick Foods, President’s Choice, Ready Pac Bistro, Rio Grande, Rizo Bros, Rojos, San Carlos, Santa Maria, Sprig & Sprout (S&S), The Perfect Bite Co.,Tio Francisco, Trader Joe’s, and 365 Whole Foods Market.

Retailer names where product was sold unbranded as taco kits and meals:

  • Albertsons, Carrs-Safeway, Costco, Eagle, Lucky, Pavilions, Randalls, Safeway, Save Mart, Shaw’s, Sprouts, Star Market, Stater Bros. Markets, Tom Thumb, and Vons.

More information about recalled products, including descriptions, sizes, and UPCs or “best by” dates are included in the table of recalled products below. Additional information is also available in the recall notices from the companies.

As of February 6, 2024, a total of 26 people infected with the outbreak strain of Listeria have been reported from 11 states: Arizona 4, California 8, Colorado 4, Florida 1, Georgia 1, Nevada 1, North Carolina 1, Oregon 1, Tennessee 2, Texas 2, Washington 1. Two deaths have been reported, one from California and one from Texas.

Illnesses started on dates ranging from June 15, 2014, to December 10, 2023. Of 26 people with information available, 23 have been hospitalized. 

Among people who are pregnant, Listeria can cause pregnancy loss, premature birth, or a life-threatening infection in their newborn. In this outbreak, two people got sick during their pregnancy and one person had a pregnancy loss. There are also two newborns in the case count for this outbreak because Listeria can be passed to newborns during pregnancy.

State and local public health officials are interviewing people about the foods they ate in the month before they got sick. Of the 22 people interviewed, 16 (73%) reported eating queso fresco, cotija, or other similar cheeses. Among people who remembered specific brands, three people who got sick between 2014 and 2022 reported Don Francisco brand queso fresco or cotija. Don Francisco is one of the brands of recalled cheeses.

Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. CDC PulseNet manages a national database of DNA fingerprints of bacteria that cause foodborne illnesses. DNA fingerprinting is performed on bacteria using a method called whole genome sequencing (WGS).

WGS showed that bacteria from sick people’s samples from 2014 to present are closely related genetically. This suggests that people in this outbreak got sick from the same food.

In January 2024, the Hawaii State Department of Health’s Food and Drug Branch collected a sample of aged cotija cheese product made by Rizo-López Foods during routine sampling. Testing identified the outbreak strain of Listeria in the product.

FDA conducted inspections at the Rizo-López Foods facility and collected food and environmental samples for testing. FDA found the outbreak strain of Listeria on a container where cheeses are kept before they are packaged.

What is Listeria?

Listeria is a bacterium that causes a serious infection called listeriosis. Around 300 deaths in the United States are caused by Listeria infection each year, according to estimates from a 2011 CDC report. 

Listeria bacteria are most found in raw foods. Vegetables can be contaminated by soil and water carrying bacteria. Listeria is also found in raw animal products, such as meat and cheese. 

Babies can be born with Listeria if the mother eats contaminated food during pregnancy. The death rate among newborns with Listeria is 25 to 50 percent. 

Who is most likely to get seriously ill from Listeria bacteria?

Healthy adults and children hardly ever become seriously ill from Listeria. However, people at increased risk of illness from Listeria bacteria include:

  • Pregnant women – Pregnant women are 20 times more likely to get listeriosis than the average healthy adult
  • Newborns
  • People with weak immune systems
  • People with cancer, diabetes, or kidney disease
  • People with AIDS – People with AIDS are 300 times more likely to get sick from Listeria than people with normal immune systems
  • People who take gluticocorticosteroids, such as cortisone
  • Elderly people

Symptoms of Listeria

Listeria symptoms appear anywhere between 3 and 70 days after infection, but usually around 21 days later. Typical symptoms include:

  • Fever
  • Muscle aches
  • Nausea or diarrhea (less common)

If infection spreads to the central nervous system, symptoms can include:

  • Headache
  • Stiff neck
  • Confusion
  • Loss of balance
  • Convulsions

Symptoms for those with Weakened Immune Systems

If a patient has a weak immune system, Listeria bacteria can invade the central nervous system and cause meningitis or a brain infection. 

Symptoms for Pregnant Women and Newborns

Infected pregnant woman experience mild, flu-like symptoms. However, infection during pregnancy can lead to miscarriage, infection of the newborn, or stillbirth. Symptoms usually appear in newborns in the first week of life but can also occur later on. A newborn’s Listeria symptoms are often subtle, and include irritability, fever, and poor feeding.

Diagnosis of Listeria

Doctors can determine whether patients have listeriosis by taking a blood or spinal fluid sample.

Treatment of Listeria

Patients who present with symptoms of listeriosis can be treated with antibiotics.

How to Prevent Listeria

  • Thoroughly cook raw food from animal sources, such as beef, pork, or poultry
  • Wash raw vegetables before eating them
  • Keep uncooked meats separate from vegetables and cooked foods 
  • Avoid products made with unpasteurized milk
  • Wash hands and cooking utensils after handling uncooked foods
  • Consume perishable and read-to-eat foods as soon as possible

Foods to Avoid

  • Do not eat hot dogs or lunch meats unless they are heated to a temperature sufficient to kill Listeria bacteria
  • Avoid getting liquid from hot dog packages on other food
  • Wash hands after handling hot dogs and lunch and deli meats
  • Do not eat soft cheeses (e.g., feta, Brie, Camembert, blue cheese, and queso blanco) unless the label clearly states that they are pasteurized
  • Do not eat refrigerated pâté or meat spread, only canned or shelf-stable ones
  • Do not eat refrigerated smoked seafood, sometimes labeled as “nova-style,” “lox,” “kippered,” or “jerky.” Canned or shelf-stable smoked seafood is ok

Additional Resources:

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $850 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.  

If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.

FDA has been notified of additional recalls on 2/8/2024 for products made with or containing recalled dairy products from Rizo Lopez Foods, Inc.

  • BrightFarms, Inc. recalled Southwest Chipotle salad kits. The product was only sold to retailers in DE, MD, ME, MA, NH, NJ, NY, NC, PA, VT, VA, and DC
  • Ready Pac Foods, Inc. recalled the following salad kits:
    • Marketside Southwest Chopped Kit and Marketside Bacon Ranch Crunch Kit sold to Walmart stores in AZ, CA, CO, CT, DE, HI, MA, MD, ME, MT, NH, NJ, NM, NY, PA, RI, SD, TX, VT, and WY
    • Ready Pac Bistro Fresh Mex Chopped Kit sold to WinCo stores in AZ and CA
    • Ready Pac Bistro Queso Crunch Salad Kit sold to Costco stores in CA, NV, HI
  • Fresh Express recalled the following salad kits:
    • Marketside Southwest Chopped Kit sold at retailers in AL, FL, and GA
    • Fresh Express Salsa! Ensalada Salad Kit sold at retailers in CA, ID, UT, WA
  • Dole Fresh Vegetables, Inc. recalled Dole Chopped Kit Avocado Ranch, Dole Chop Kit Avocado Ranch (Chop Kit Ranch A L’Avocat), Dole Premium Kit Southwest Salad, Dole Cajun Ranch Chopped Kit, Dole Premium Kit Endless Summer, Dole Supreme Kit Southwest Salad (Supreme Kit Salade Du Sud-Ouest), President’s Choice Southwest Salad Kit (Sud-Ouest Kit de Salade), and Marketside Chopped Salad Kit Bacon Ranch Crunch. Recalled salad items were sold in the states of AL, CA, CT, FL, GA, IN, KY, LA, MA, MD, MI, MN, MO, MS, NC, NV, NY, OH, PA, SC, TN, UT, VA, WA, and WI. Additionally, these salads were distributed in the following Canadian provinces: Alberta, British Columbia, New Brunswick, Ontario, and Quebec.   
  • Albertsons Companies recalled five Ready Meals and store-made taco kits that were available for purchase at the following banner stores: Albertsons, Carrs-Safeway, Eagle, Lucky, Pavilions, Randalls, Safeway, Shaw’s, Star Market, Tom Thumb, and Vons in AK, AZ, AR, CA, CO, ID, LA, ME, MA, MT, NE, NV, NH, NM, ND, OR, RI, SD, TX, UT, VT, WA, and WY.

On 2/8/2024, The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert for:

  • amazon kitchen, CHICKEN CHILE VERDE burrito with rice, black beans & monterey jack, because they contain recalled dairy products.

More information about recalled products, including descriptions, sizes, and UPCs or “best by” dates are included in the table of recalled products below. Additional information is also available in the recall notices from the companies.

As of February 6, 2024, a total of 26 people infected with the outbreak strain of Listeria have been reported from 11 states: Arizona 4, California 8, Colorado 4, Florida 1, Georgia 1, Nevada 1, North Carolina 1, Oregon 1, Tennessee 2, Texas 2, Washington 1. Two deaths have been reported, one from California and one from Texas.

Illnesses started on dates ranging from June 15, 2014, to December 10, 2023. Of 26 people with information available, 23 have been hospitalized. 

Among people who are pregnant, Listeria can cause pregnancy loss, premature birth, or a life-threatening infection in their newborn. In this outbreak, two people got sick during their pregnancy and one person had a pregnancy loss. There are also two newborns in the case count for this outbreak because Listeria can be passed to newborns during pregnancy.

State and local public health officials are interviewing people about the foods they ate in the month before they got sick. Of the 22 people interviewed, 16 (73%) reported eating queso fresco, cotija, or other similar cheeses. Among people who remembered specific brands, three people who got sick between 2014 and 2022 reported Don Francisco brand queso fresco or cotija. Don Francisco is one of the brands of recalled cheeses.

Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. CDC PulseNet manages a national database of DNA fingerprints of bacteria that cause foodborne illnesses. DNA fingerprinting is performed on bacteria using a method called whole genome sequencing (WGS).

WGS showed that bacteria from sick people’s samples from 2014 to present are closely related genetically. This suggests that people in this outbreak got sick from the same food.

In January 2024, the Hawaii State Department of Health’s Food and Drug Branch collected a sample of aged cotija cheese product made by Rizo-López Foods during routine sampling. Testing identified the outbreak strain of Listeria in the product.

FDA conducted inspections at the Rizo-López Foods facility and collected food and environmental samples for testing. FDA found the outbreak strain of Listeria on a container where cheeses are kept before they are packaged.

What is Listeria?

Listeria is a bacterium that causes a serious infection called listeriosis. Around 300 deaths in the United States are caused by Listeria infection each year, according to estimates from a 2011 CDC report. 

Listeria bacteria are most found in raw foods. Vegetables can be contaminated by soil and water carrying bacteria. Listeria is also found in raw animal products, such as meat and cheese. 

Babies can be born with Listeria if the mother eats contaminated food during pregnancy. The death rate among newborns with Listeria is 25 to 50 percent. 

Who is most likely to get seriously ill from Listeria bacteria?

Healthy adults and children hardly ever become seriously ill from Listeria. However, people at increased risk of illness from Listeria bacteria include:

  • Pregnant women – Pregnant women are 20 times more likely to get listeriosis than the average healthy adult
  • Newborns
  • People with weak immune systems
  • People with cancer, diabetes, or kidney disease
  • People with AIDS – People with AIDS are 300 times more likely to get sick from Listeria than people with normal immune systems
  • People who take gluticocorticosteroids, such as cortisone
  • Elderly people

Symptoms of Listeria

Listeria symptoms appear anywhere between 3 and 70 days after infection, but usually around 21 days later. Typical symptoms include:

  • Fever
  • Muscle aches
  • Nausea or diarrhea (less common)

If infection spreads to the central nervous system, symptoms can include:

  • Headache
  • Stiff neck
  • Confusion
  • Loss of balance
  • Convulsions

Symptoms for those with Weakened Immune Systems

If a patient has a weak immune system, Listeria bacteria can invade the central nervous system and cause meningitis or a brain infection. 

Symptoms for Pregnant Women and Newborns

Infected pregnant woman experience mild, flu-like symptoms. However, infection during pregnancy can lead to miscarriage, infection of the newborn, or stillbirth. Symptoms usually appear in newborns in the first week of life but can also occur later on. A newborn’s Listeria symptoms are often subtle, and include irritability, fever, and poor feeding.

Diagnosis of Listeria

Doctors can determine whether patients have listeriosis by taking a blood or spinal fluid sample.

Treatment of Listeria

Patients who present with symptoms of listeriosis can be treated with antibiotics.

How to Prevent Listeria

  • Thoroughly cook raw food from animal sources, such as beef, pork, or poultry
  • Wash raw vegetables before eating them
  • Keep uncooked meats separate from vegetables and cooked foods 
  • Avoid products made with unpasteurized milk
  • Wash hands and cooking utensils after handling uncooked foods
  • Consume perishable and read-to-eat foods as soon as possible

Foods to Avoid

  • Do not eat hot dogs or lunch meats unless they are heated to a temperature sufficient to kill Listeria bacteria
  • Avoid getting liquid from hot dog packages on other food
  • Wash hands after handling hot dogs and lunch and deli meats
  • Do not eat soft cheeses (e.g., feta, Brie, Camembert, blue cheese, and queso blanco) unless the label clearly states that they are pasteurized
  • Do not eat refrigerated pâté or meat spread, only canned or shelf-stable ones
  • Do not eat refrigerated smoked seafood, sometimes labeled as “nova-style,” “lox,” “kippered,” or “jerky.” Canned or shelf-stable smoked seafood is ok

Additional Resources:

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $850 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.  

If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.

As of January 17, 2024, a total of 47 people infected with the outbreak strain of Salmonella have been reported from 22 states – Arizona 2, Colorado 1, Connecticut 1, Idaho 1, Illinois 1, Kentucky 1, Maryland 1, Michigan 1, Minnesota 1, Missouri 1, Nebraska 3, New Jersey 1, New York 4, Ohio 11, Oregon 1, Pennsylvania 3, Texas 3, Utah 1, Vermont 1, Virginia 1, Washington 5, Wisconsin 2. Illnesses started on dates ranging from November 20, 2023, to January 1, 2024. Of 38 people with information available, 10 have been hospitalized. No deaths have been reported.

State and local public health officials are interviewing people about the foods they ate in the week before they got sick. Of the 26 people interviewed, 19 (73%) reported eating a variety of charcuterie meats. Ten people provided specific information or shopper card records:

4 people bought the Fratelli Beretta brand Antipasto Gran Beretta from Costco.

1 person bought another Fratelli Beretta brand charcuterie product.

3 people bought the Busseto brand Charcuterie Sampler from Sam’s Club.

2 people bought charcuterie meats from Sam’s Club but did not remember the brand name.

Fratelli Barretta recalled a single lot of the Busseto brand Charcuterie Sampler because of testing by Minnesota that identified Salmonella in the product.

While the outbreak is ongoing, CDC is advising not to eat, serve, or sell any lot of Busseto brand Charcuterie Sampler from Sam’s Club or Fratelli Beretta brand Antipasto Gran Beretta from Costco.

Sam’s Club and Costco have removed these products from their stores.

Salmonella:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella and other foodborne illness outbreaks and have recovered over $850 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants.  The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart.  

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

Additional Resources:

Seattle & King County Public Health announced that three individuals fell ill due to a Salmonella outbreak linked to the IHOP restaurant located at 14747 NE 20th St, Bellevue, WA. The illnesses occurred between October 23 and December 23, 2023, and two people required hospitalization. No deaths were reported. This investigation is now completed.

All three individuals ate a variety of breakfast foods at the Bellevue IHOP, but no specific food item has been identified as the source of the outbreak. Public Health conducted interviews with the sick individuals to identify common exposures and all three had eaten at the Bellevue IHOP. The victims, ranging in age from 20 to 70, reported symptoms consistent with salmonellosis, including nausea, vomiting, abdominal cramps, diarrhea, bloody stool, and fever. No ill employees were identified at the restaurant.

On January 11, 2024, Environmental Health Investigators requested source information and food receipts from the restaurant. A visit to the restaurant was conducted on January 16, 2024, where investigators reviewed the restaurant’s food preparation processes. No contributing factors to the outbreak were identified. The restaurant has since conducted a thorough deep cleaning and reinforced food safety training with staff.

Laboratory testing confirmed all three cases as Salmonella infections. Further testing revealed that all three cases were infected with the same strain of Salmonella, as determined by genetic fingerprinting (whole genome sequencing or WGS) at the Washington State Public Health Laboratory.

Salmonella:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella and other foodborne illness outbreaks and have recovered over $850 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants.  The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart.  

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

Additional Resources:

Since the outbreaks were first identified in 2016, 37 states have publicly reported the following as of January 12, 2024:

  • Cases: 44,947
  • Hospitalizations: 27,469 (61%)
  • Deaths: 424

Hardly a week goes by that there is not yet another announcement of a hepatitis A positive employee putting co-workers, customers and the restaurant brand at risk. There have been illnesses, deaths, thousands of customers have had to stand in long lines to get preventative vaccines, some restaurants have shuttered and there certainly have been lawsuits.

All preventable by a hepatitis A vaccination – the only foodborne illness that is vaccine preventable.

It really is past time for public health to recommend the same. Here is what I have asked the CDC for:

ACIP Secretariat
Advisory Committee on Immunization Practices 
1600 Clifton Road, N.E., Mailstop H24-8
Atlanta, GA 30329-4027
acip@cdc.gov

Re:  Letter to the CDC’s Committee on Immunization Practices – It is time to deal with Hepatitis A and Food Service Workers

Dear ACIP Secretariat:

The Advisory Committee on Immunization Practices (ACIP) provides advice and guidance to the Director of the CDC regarding use of vaccines and related agents for control of vaccine-preventable diseases in the civilian population of the United States. Recommendations made by the ACIP are reviewed by the CDC Director and, if adopted, are published as official CDC/HHS recommendations in the Morbidity and Mortality Weekly Report (MMWR).

Presently, approximately 5% of all hepatitis A outbreaks are linked to infected food-handlers.

Here is what the CDC continues to say about vaccinating food-handlers:

Why does CDC not recommend all food handlers be vaccinated if an infected food handler can spread disease during outbreaks?

CDC does not recommend vaccinating all food handlers because doing so would not prevent or stop the ongoing outbreaks primarily affecting individuals who report using or injecting drugs and people experiencing homelessness. Food handlers are not at increased risk for hepatitis A because of their occupation. During ongoing outbreaks, transmission from food handlers to restaurant patrons has been extremely rare because standard sanitation practices of food handlers help prevent the spread of the virus. Individuals who live in a household with an infected person or who participate in risk behaviors previously described are at greater risk for hepatitis A infection.

The CDC misses the point; granted, food service workers are not more at risk of getting hepatitis A because of their occupation, but they are a risk for spreading it to customers. Food service positions are typically low paying, and certainly have the likelihood of being filled by people who are immigrants from countries where hepatitis A might be endemic or by people who have been recently experienced homelessness.

Over the past several years, there has been an ongoing outbreak of hepatitis A in the United States. As of February 2, 2023, there have been a total of 44,779 cases with a 61% hospitalization rate (approximately 27,342 hospitalizations). The death toll stands at 421. Since the outbreak started in 2016, 37 states have reported cases to the CDC.

The CDC recommends to the public that the best way to prevent hepatitis A is through vaccination, but the CDC has not explicitly stated that food service workers should be administered the vaccination. While food service workers are not traditionally designated as having an increased risk of hepatitis A transmission, they are not free from risk. 

24% of hepatitis A cases are asymptomatic, which means a food-handler carrying the virus can unknowingly transmit the disease to consumers. Historically, when an outbreak occurs, local health departments start administering the vaccine for free or at a reduced cost. The funding from these vaccinations is through taxpayer dollars. 

A mandatory vaccination policy for all food service workers was shown to be effective at reducing infections and economic burden in St. Louis County, Missouri.

From 1996 to 2003, Clark Country, Nevada had 1,523 confirmed cases of hepatitis A, which was higher than the national average. Due to these alarming rates, Clark County implemented a mandatory vaccination policy for food service workers. As a result, in 2000, the hepatitis A rates significantly dropped and reached historic lows in 2010. The county removed the mandatory vaccine rule in 2012 and are now part of the ongoing hepatitis A outbreak. 

According to the CDC, the vaccinations cost anywhere from $30 to $120 to administer, compared to thousands of dollars in hospital bills, and offer a 95% efficacy rate after the first dose and a 99% efficacy after the second dose. Furthermore, the vaccine retains its efficacy for 15-20 years.  

During an outbreak, if a food service worker is found to be hepatitis A positive, a local health department will initiate post-exposure treatment plans that must be administered within a two-week period to be effective. The economic burden also affects the health department in terms of personnel and other limited resources. Sometimes, the interventions implemented by the local health department may be ineffective. 

Though there are many examples of point-source outbreaks of hepatitis A that have occurred within the past few years around the country, a particularly egregious outbreak occurred in the early fall of 2021 in Roanoke, Virginia. The health department was notified about the outbreak on September 21, 2021, after the first case was reported by a local hospital. The Roanoke Health Department, along with the Virginia Department of Health, investigated this outbreak.

Three different locations of a local restaurant, Famous Anthony’s, were ultimately determined to be associated with this outbreak. The Virginia Department of Health published a community announcement on September 24, 2021, about the outbreak and the potential exposure risk. 

For purposes of the investigation, a case was defined as a “[p]erson with (a) discrete onset of symptoms and (b) jaundice or elevated serum aminotransferase levels and (c) [who] tested positive for hepatitis A (IgM anti-HAV-positive), and frequented any of three Famous Anthony’s locations, or was a close contact to the index case patient, during the dates of August 10 through August 27, 2021.”

As of November 2021, a total of 49 primary cases (40 confirmed and 9 probable) were identified in this outbreak. Two secondary cases were also identified. Cases ranged from 30 to 82 years of age (median age of 63). In all, 57 percent of cases were male. Thirty-one cases included hospitalizations, and at least 4 case patients died. Illness onsets occurred between August 25 and October 15, 2021.

Ultimately, the outbreak investigation revealed that a cook, who also had risk factors associated with hepatitis A, had been infected with hepatitis A while working at multiple Famous Anthony’s restaurant locations. This index case’s mother and adult son also tested positive for hepatitis A. Following an inspection, the outbreak inspector noted, “due to the etiology of hepatitis A transmission, it is assumed the infectious food handler did not perform proper hand washing or follow glove use policy.” It was determined that person-to-person spread was the most likely mode of transmission in this outbreak. Environmental contamination was also considered a possible mode of transmission. 

Overwhelmed by the number of victims who pursued legal action for their injuries, Famous Anthony’s filed for bankruptcy and several of its locations have been closed.

The tragedy of this preventable hepatitis A outbreak cannot be overstated. Four people died. In one family, two of its members lost their lives. Most of the victims were hospitalized. Many risked acute liver failures. At least one person required both a liver and kidney transplants. Medical bills for the victims totaled over $6,000,000 in acute costs with millions of dollars in future expenses. And this all because one employee did not receive a $30-$120 hepatitis A vaccine.

Affordable prevention of future tragedies like the Famous Anthony’s outbreak is possible and necessary. The time has come to at least recommend vaccinations to food service workers to reduce the spread of hepatitis A.

Sincerely, 
Bill Marler
On behalf of 31 hepatitis A victims and families

1 Privately, via mail, I am providing medical summaries for 31 of the victims so there can be a clear assessment of the impacts of hepatitis A on consumers of food at the hands of one unvaccinated food service worker.

As of February 6, 2024, a total of 26 people infected with the outbreak strain of Listeria have been reported from 11 states: Arizona 4, California 8, Colorado 4, Florida 1, Georgia 1, Nevada 1, North Carolina 1, Oregon 1, Tennessee 2, Texas 2, Washington 1. Two deaths have been reported, one from California and one from Texas.

Illnesses started on dates ranging from June 15, 2014, to December 10, 2023. Of 26 people with information available, 23 have been hospitalized. 

Among people who are pregnant, Listeria can cause pregnancy loss, premature birth, or a life-threatening infection in their newborn. In this outbreak, two people got sick during their pregnancy and one person had a pregnancy loss. There are also two newborns in the case count for this outbreak because Listeria can be passed to newborns during pregnancy.

State and local public health officials are interviewing people about the foods they ate in the month before they got sick. Of the 22 people interviewed, 16 (73%) reported eating queso fresco, cotija, or other similar cheeses. Among people who remembered specific brands, three people who got sick between 2014 and 2022 reported Don Francisco brand queso fresco or cotija. Don Francisco is one of the brands of recalled cheeses.

Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. CDC PulseNet manages a national database of DNA fingerprints of bacteria that cause foodborne illnesses. DNA fingerprinting is performed on bacteria using a method called whole genome sequencing (WGS).

WGS showed that bacteria from sick people’s samples from 2014 to present are closely related genetically. This suggests that people in this outbreak got sick from the same food.

In January 2024, the Hawaii State Department of Health’s Food and Drug Branch collected a sample of aged cotija cheese product made by Rizo-López Foods during routine sampling. Testing identified the outbreak strain of Listeria in the product.

FDA conducted inspections at the Rizo-López Foods facility and collected food and environmental samples for testing. FDA found the outbreak strain of Listeria on a container where cheeses are kept before they are packaged.

On January 11, 2024, Rizo-López Foods, Inc. recalled the aged cotija cheese product after Hawaii state officials found Listeria in it.

On February 6, 2024, Rizo-López Foods, Inc. recalled all cheese and other dairy products made in their facility. They have also temporarily stopped producing and distributing these products while their investigation is ongoing.

  • Campesino
  • Casa Cardenas
  • Don Francisco
  • Dos Ranchitos
  • El Huache
  • Food City
  • La Ordena
  • Rio Grande
  • Rizo Bros
  • San Carlos
  • Santa Maria
  • Tio Francisco
  • 365 Whole Foods Market

Listeria:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $850 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.  

If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.

Additional Resources:

Chromium and Lead in Applesauce has impacted over 400 in the US

As of January 30, 2024, the FDA has reported a total Complaint/Adverse Event Report: 90. Report Date Ranges: October 17, 2023 – January 16, 2024
States with Complaint/Report: AL (1), AR (1), AZ (1), CA (1), CT (1), FL (1), GA (2), IA (1), IL (5), IN (1), KY (3), LA (4), MA (3), MD (7), MI (8), MO (3), NC (6), NE (2), NH (1), NJ (1), NM (1), NY (8), OH (3), OK (1), PA (2), SC (2), TN (3), TX (3), VA (2), WA (4), WI (2), WV (3), Unknown (3).

CDC’s National Center for Environmental Health is conducting case finding efforts in collaboration with state and local health departments. CDC’s case definition for state partners includes a blood lead level of 3.5 µg/dL or higher measured within 3 months after consuming a recalled WanaBana, Schnucks, or Weis brand fruit puree product after November 2022. 

As of January 26, CDC has received reports of 98 confirmed cases, 269 probable cases, and 37 suspected cases for a total of 404 cases from 43 different states through their reporting structure. Data updated on January 26, 2024.CDC has received the following reports from state and local health departments:

            •          Total Cases: 404

            ◦           Confirmed Cases: 98

            ◦           Probable Cases: 269

            ◦           Suspect Cases: 37

            •          States: (43 total) AL, AR, AZ, CA, CO, CT, FL, GA, IA, ID, IL, IN, KS, KY, LA, MA, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NY, OH, OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV

Cases are reported to the CDC through state health departments. State health departments receive reports of potential cases from various sources, and then follow up to determine whether the case definition is met. In order to be considered in CDC’s case count, the person must have had a blood lead level of 3.5 ug/dL or higher measured within 3 months after consuming a recalled WanaBana, Schnucks, or Weis brand fruit purée product after November 2022.  Based on the amount of information available, CDC asks states to further classify cases as “suspect”, “probable”, and “confirmed”. As the investigation progresses, cases might be assigned to different case categories.

Lead is toxic to humans and can affect people of any age or health status. Protecting children from exposure to lead is particularly important because they are more susceptible to lead toxicity. Most children have no obvious immediate symptoms. Parents and caretakers should consult a healthcare provider if you suspect a child may have been exposed to lead. Short term exposure to lead could result in the following symptoms: headache; abdominal pain/colic; vomiting; anemia. Longer term exposure could result in the following additional symptoms: irritability; lethargy; fatigue; muscle aches or muscle prickling/burning; constipation; difficulty concentrating/muscular weakness; tremor; weight loss.

Chromium is a naturally occurring element with trace levels normally found in the diet. The most common forms of chromium found in chromium compounds are trivalent chromium [chromium (III)] and hexavalent chromium [chromium (VI)]. Chromium (III) is considered an essential nutrient and can be found in a normal diet and in some dietary supplements. Chronic, prolonged exposure to chromium (VI) in occupational settings through inhalation and skin exposure has also been associated with chronic lung disease and ulceration of skin and mucous membranes. Chromium (VI) is a known carcinogen. The exact form of chromium in the recalled applesauce products is unclear. However, lead chromate has previously been reported as a contaminant in spices and foods.

There is limited information about health effects from consuming food contaminated with chromium compounds such as lead chromate. The main health problems seen in laboratory animals following ingestion of chromium (VI) compounds are irritation and ulcers (in the stomach and small intestine) and anemia.

However, the health effects of eating food contaminated with chromium (VI), in the form of lead chromate, are not well understood. Chromium (VI) compounds may be converted to chromium (III) in acidic environments. It is difficult to predict the amount of chromium (VI) and chromium (III) absorbed from ingestion of contaminated food.

While the health effects of chromium are difficult to predict in this scenario, we know that there is no safe level of lead. CDC recommends discarding all affected products and not eating any of them. Anyone who may have eaten the affected products should talk with their healthcare provider.

In the United States, the Salmonella Sundsvall outbreak linked to cantaloupe from Mexico has been declared over.  The outbreaks sickened 407 people in 44 states. Six deaths were reported. The Centers for Disease Control and Prevention first reported the outbreak on November 17.

Of the 362 patients with information available, 158 were hospitalized. 

Illnesses started from Oct. 15, 2023, to Dec. 25, 2023.

The patients ranged from less than 1 year old to 100 years, with a median age of 60. An unusually high percentage of the patients were five years or younger, with 26 percent of patients reported in that age group. Forty-seven percent of the patients were 65 years old or older.

Canadian officials have posted their final update on the Salmonella outbreak traced to cantaloupe, adding two deaths to the toll. There were 190 laboratory-confirmed cases of Salmonella Soahanina, Sundsvall, Oranienburg, and Newport illnesses associated with the nationwide outbreak. Sixty-eight patients were hospitalized, and nine died.

Individuals who became ill were less than 1 to 100 years of age. Most of the patients were children five years or younger, 33 percent, or adults 65 years or older, 45 percent. About half of the cases were female.

The Canadian outbreak coincided with an outbreak in the United States that was traced to the same cantaloupe as was implicated in Canada. Recalls for Malichita and Rudy brand cantaloupe from Mexico began in November. Several secondary recalls of fresh-cut products made with the cantaloupes were initiated. Investigators found the outbreak strain of Salmonella on Malichita brand cantaloupe.

In the United States a total of 407 people infected with one of the outbreak strains of Salmonella were reported from 44 states: Alaska (1), Arizona (15), Arkansas (2), California (56), Colorado (11), Connecticut (2), Florida (4), Georgia (8), Illinois (22), Indiana (9), Iowa (12), Kansas 2, Kentucky 10, Maryland 9, Massachusetts 2, Michigan 7, Minnesota 29, Mississippi 1, Missouri (15), Montana (3), Nebraska (7), Nevada (8), New Hampshire (1), New Jersey (8), New Mexico (2), New York (14), North Carolina (7), North Dakota (1), Ohio (14), Oklahoma (4), Oregon (8), Pennsylvania (5), Rhode Island (1), South Carolina (10), South Dakota (2), Tennessee (7), Texas (30), Utah (12), Vermont (1), Virginia (8), Washington (4), West Virginia (3), Wisconsin (29) and Wyoming (1). Illnesses started on dates ranging from October 15, 2023, to December 25, 2023. Of 362 people with information available, 158 (44%) were hospitalized. Six deaths were reported.

In Canada a total, 190 laboratory-confirmed cases of Salmonella Soahanina, Sundsvall, Oranienburg, and Newport illness were linked to this outbreak in the following provinces: British Columbia (20), Alberta (4), Saskatchewan (1), Ontario (24), Quebec (131), Prince Edward Island (2), New Brunswick (2), Nova Scotia (4) and Newfoundland and Labrador (2). Individuals became sick between mid-October and late December 2023. Sixty-eight (68) individuals were hospitalized, and nine deaths were reported.

In the United States this week the CDC reported a total of 407 people infected with one of the outbreak strains of Salmonella were reported from 44 states. Illnesses started on dates ranging from October 15, 2023, to December 25, 2023. Of 362 people with information available, 158 (44%) were hospitalized. Six deaths were reported. In Canada as of December 22, there have been 164 laboratory-confirmed cases of Salmonella Soahanina, Sundsvall and Oranienburg illness linked to this outbreak in the 9 provinces: Individuals became sick between mid-October and early December 2023. Sixty-one (61) individuals have been hospitalized. Seven deaths have been reported. A terrible and preventable outbreak. It reminds me of an earlier outbreak that was smaller, but far deadlier.

In 2011, a multistate outbreak of Listeria monocytogenes infections involving 5 distinct strains was associated with consumption of cantaloupe grown at Jensen Farms’ production fields in Granada, Colorado.

A total of 147 persons were reported to the CDC. 33 persons died, and 1 pregnant woman miscarried. Among persons for whom information is available, reported illness onset ranged from July 31, 2011 through October 27, 2011. Ages of ill persons ranged from less than 1 year of age to 96 years, with the median age of 78 years old. Most ill persons were over 60 years old or had health conditions that weakened their immune systems. 7 of the illnesses were related to pregnancy (three newborns; four pregnant women). Among the 145 ill persons with available information on whether they were hospitalized, 143 (99%) were hospitalized.

Among the 144 ill persons with available information on what they ate, 134 (93%) reported consuming cantaloupes in the month before illness onset. Several ill persons remembered the type of cantaloupe they had eaten and said they were Rocky Ford cantaloupes, which are grown in the Rocky Ford region of southeastern Colorado. Source tracing of the cantaloupes indicated that they came from Jensen Farms, and were marketed as being from the Rocky Ford region. These cantaloupes were shipped between July 29 through September 10 to at least 24 states with possible further distribution. Laboratory testing by the Colorado Department of Public Health and Environment identified Listeria monocytogenes bacteria on cantaloupes collected from grocery stores and from ill persons’ homes. Laboratory testing by FDA identified L. monocytogenes matching outbreak strains in samples from equipment and cantaloupe at the Jensen Farms’ packing facility in Granada, Colorado. The processing equipment and the decision not to chlorinate the water used to wash the cantaloupes were two probable causes of the contamination.

This outbreak had several unusual features. This was the first listeriosis outbreak associated with melon. Five widely differing pulse field gel electrophoresis (PFGE) pattern combinations and two serotypes (1/2a and 1/2b) were associated with the outbreak. This outbreak was unusually large and resulted in the highest number of deaths of any U.S. foodborne outbreak since a listeriosis outbreak in 1998 linked to Bil Mar Foods Ready-to-eat Meats.

We had the honor of representing all of the families of those that died.