Abuelito Cheese Inc., a cheese manufacturer based in Paterson, New Jersey, pleaded guilty on Jan. 28 to introducing adulterated queso fresco into interstate commerce, U.S. Attorney Robert Frazer said.
The case is significant due to the connection between Abuelito’s products and a listeriosis outbreak in February 2021 that led to at least 13 hospitalizations and one death across four states. The plea was entered before U.S. Magistrate Judge Cari Fais in Newark federal court.
According to court documents and statements made during the hearing, Abuelito produced soft cheeses at its New Jersey facility and distributed them within the state as well as neighboring states. In February 2020, the U.S. Food and Drug Administration inspected the facility and found non-pathogenic Listeria innocua and Listeria grayi present. By June of that year, the FDA issued a Warning Letter citing serious concerns about alleged violations of the Food, Drug, and Cosmetic Act (FDCA) and warned that conditions were conducive for pathogenic Listeria monocytogenes.
The company’s products were later tied to an outbreak affecting consumers in Connecticut, New Jersey, Pennsylvania, New York (El Abuelito Cheese brand), Virginia, North Carolina, Maryland (Rio Grande Food Products brand), as well as North Carolina and Maryland (Rio Lindo brand). Sentencing for Abuelito Cheese Inc. is scheduled for October 15; potential penalties include up to five years of probation or a fine up to $500,000 or twice any gross gain or loss from the offense.
Individuals who believe they may have been impacted by this outbreak are encouraged to contact the Department of Justice’s Victim Witness Unit by phone or email for assistance.
U.S. Attorney Frazer credited special agents from the FDA’s Office of Criminal Investigations New York Field Office with leading the investigation resulting in this plea agreement.
The U.S. Attorney’s Office for the District of New Jersey prosecutes federal crimes and represents civil matters statewide; it staffs about 170 attorneys and support personnel across offices in Newark, Trenton, and Camden as part of its operations under the Department of Justice umbrella according to its official website.
