Abuelito Cheese Inc. (aka “El Abuelito Cheese”), a food distributor 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 the Department of Justice.
According to documents filed in the case and statements made in court:
Abuelito manufactured foods, including a soft, fresh cheese known as Queso Fresco, at its facility in New Jersey. We distributed products, including queso frescoes, within New Jersey and 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 substances. Harmless Listeria and Listeria Gray At that facility. In June 2020, the FDA issued a warning letter to Abuelito, expressing serious concerns about alleged violations of the Food, Drug, and Cosmetic Act (FDCA) and warning that conditions at the company’s facilities were conducive to pathogenic diseases. Listeria monocytogenes. Abuelito’s products were ultimately linked to a February 2021 listeriosis outbreak that hospitalized at least 13 people and killed one person in four states.
The violation is punishable by up to five years of probation and a fine of $500,000 or twice the gross gain or loss resulting from the violation, whichever is greater. The sentencing date is October 15, 2026.
Major FDCA food company criminally prosecuted
1. Kerry, Inc. (2023) — Kellogg’s Honey Smacks/Salmonella
charge: Misdemeanor Kerry Inc. pleaded guilty to a misdemeanor count of distributing a brand of adulterated cereal called Kellogg’s Honey Smacks from its Gridley, Illinois facility. The outbreak has infected 135 people in 36 states and hospitalized 34. According to the Department of Justice (DOJ), Kerry agreed to pay $19.228 million in fines and forfeitures. This is the largest criminal penalty in history following a criminal conviction in a food safety case. The company doesn’t go to jail. But Ravi Chermala, Kerry’s director of quality assurance, pleaded guilty to three misdemeanors and was sentenced separately.
2. Peanut Company of America (2015) — Salmonella
charge: Stewart Parnell, a felon, was sentenced to 28 years in prison after being convicted of 72 counts of fraud, conspiracy and introducing adulterated food into interstate commerce. Michael Parnell was sentenced to 20 years in prison. The Parnells were found guilty of knowing and facilitating the spread of salmonella contamination.
3. Blue Bell Creamery (2020) — Listeria
charge: Misdemeanors Blue Bell Creameries pleaded guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the FDCA and agreed to pay $17.25 million in forfeiture and an additional $2.1 million to resolve civil False Claims Act charges related to products sold to federal facilities. Blue Bell did not recall the product or notify others of possible contamination after receiving notification of a positive listeria test, and only recalled the product after hospitalizations and deaths occurred.
4. Chipotle Mexican Grill (2020) — Various food poisoning outbreaks
charge: Misdemeanors Chipotle has been ordered to pay $25 million to settle criminal charges related to the company’s involvement in a food poisoning outbreak that sickened more than 1,100 people from 2015 to 2018. No executives were jailed.
5. ConAgra Grocery Products (2015/2016) — Peter Pan Peanut Butter/Salmonella
charge: Misdemeanor ConAgra Grocery Products LLC pleaded guilty to a criminal misdemeanor charge for shipping contaminated peanut butter linked to a national salmonella outbreak in 2006-2007. The company was ordered to pay a fine of $8 million and forfeit an additional $3.2 million in assets. No individuals were jailed.
6. Quality Egg LLC / DeCoster (2014) – Salmonella
charge: Felony + Misdemeanor Quality Egg pleaded guilty to two felony counts of bribing a USDA inspector and introducing misbranded eggs into interstate commerce with the intent to defraud, and one misdemeanor count of introducing adulterated eggs into commerce. The company paid $6.8 million. The DeCosters each pleaded guilty to misdemeanor violations of their duties as responsible corporate officers.
7. Jensen Farms (2014) — Melon/Listeria
charge: Owners Eric Jensen and Ryan Jensen pleaded guilty to misdemeanor charges of shipping cantaloupes contaminated with listeria, which hospitalized at least 147 people and killed 33. They were sentenced to five years probation and ordered to pay $150,000 in restitution. There were no cases of imprisonment. He was arrested and shackled, which is unusual for a misdemeanor case.
8. Roos Foods, Inc. (2016) — Cheese/Listeria
charge: Misdemeanor Roos Foods pleaded guilty to a misdemeanor violation of the FDCA after its cheese was linked to a listeria outbreak that sickened eight people and killed one. The company was fined $100,000.
9. Beech-Nut Nutrition Corp. (1987) — Fake Apple Juice
charge: Felony Beech-Nut pleaded guilty to 215 felony counts of shipping mislabeled juice with intent to deceive the public and agreed to pay a $2 million fine and $140,000 in FDA investigation costs. This represents a maximum penalty of at least six times the fines paid under the FDCA at the time. Two executives, Hoyvald and Lavery, were found guilty at trial and sentenced to one year and one day in prison.
10. Odwalla Inc. (1998) — Apple Juice / E. coli
charge: Misdemeanors (16 counts) In the first criminal conviction for a large-scale food poisoning outbreak in 1998, Odwalla Inc. pleaded guilty to violating federal food safety laws and agreed to pay a $1.5 million fine for selling tainted apple juice that killed a 16-month-old girl and sickened 70 others in several states in 1996. Odwalla pleaded guilty to 16 offences. During the October 1996 outbreak, batches of juice infected with E. coli O157:H7 through unwitting transfers of “adulterated food intended for introduction into interstate commerce” infected people in Colorado, California, Washington, and Canada. The company was also placed on five years of probation. Federal officials described it as the largest criminal fine for a food injury case in FDA history at the time. This is a very important case and not only a fine. first — Establishes that companies can be held criminally liable for large-scale food poisoning outbreaks even if there is no evidence of intentional misconduct. This set the precedent for most subsequent prosecutions.
