New Jersey Manufacturer Pleads Guilty to Distributing Contaminated Food Associated with Listeria Outbreak

NEWARK, N.J. - A New Jersey cheese manufacturer today admitted to introducing adulterated queso fresco into interstate commerce, U.S. Attorney Robert Frazer announced.

Abuelito Cheese Inc. a/k/a "El Abuelito Cheese," a distributor of food products located in Paterson, New Jersey, pleaded guilty today before U.S. Magistrate Judge Cari Fais in Newark federal court to an Information charging the company with introducing adulterated food into interstate commerce.

According to documents filed in this case and statements made in court:

Abuelito manufactured food products, including soft, fresh cheese known as queso fresco, at its facility in New Jersey. It distributed products, including queso fresco, within New Jersey and to neighboring states. In February 2020, the U.S. Food and Drug Administration (FDA) conducted an inspection of Abuelito's facility and alerted the company to the presence of non-pathogenic Listeria innocua and Listeria grayi in its facility. In June 2020, the FDA issued a Warning Letter to Abuelito, expressing serious concerns regarding alleged Food, Drug, and Cosmetic Act (FDCA) violations, and warning that conditions in the company's facility were conducive for pathogenic Listeria monocytogenes. Abuelito's products were ultimately linked to a February 2021 outbreak of listeriosis that resulted in at least 13 hospitalizations and one death across four states.

The offense carries a maximum potential penalty of 5 years of probation, and a fine of $500,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for October 15, 2026.

Individuals who believe they may have been impacted by the 2021 listeriosis outbreak associated with products sold as El Abuelito Cheese brand, distributed in Connecticut, New Jersey, Pennsylvania, and New York; Rio Grande Food Products brand, distributed in Virginia, North Carolina, and Maryland; and Rio Lindo brand, distributed in North Carolina and Maryland, may contact the Department of Justice's Victim Witness Unit via the following toll free number: (888) 549-3945 or email: [email protected].

U.S. Attorney Frazer credited special agents of the U.S. Food and Drug Administration's Office of Criminal Investigations New York Field Office, under the direction of Special Agent in Charge Fernando McMillan, with the investigation leading to today's guilty plea.

The government is represented by Assistant U.S. Attorney Katherine M. Romano, Co-Chief of the General Crimes Unit, and Trial Attorney Lauren M. Elfner of the Department of Justice, Criminal Division, Fraud Section.

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Defense counsel: Matthew Oliver, Esq.