A former raw milk cheese manufacturer and the company he owned and managed pleaded guilty today to charges related to cheese that was linked to a 2016-2017 outbreak of listeriosis, the disease caused by the pathogen Listeria monocytogenes.
Johannes Vulto and his company, Vulto Creamery LLC, each pleaded guilty to one misdemeanor count of causing the introduction of adulterated food into interstate commerce. Vulto oversaw operations at Vulto Creamery manufacturing facility in Walton, New York, including those relating to sanitation and environmental monitoring. In pleading guilty, Vulto and Vulto Creamery admitted that between December 2014 and March 2017, they caused the shipment in interstate commerce of adulterated cheese.
According to the plea agreement, environmental swabs taken at the Vulto Creamery facility between approximately July 2014 and February 2017 repeatedly tested positive for Listeria species. The Listeria family includes both harmless species and L. monocytogenes, which can cause listeriosis in humans. In March 2017, after the U.S. Food and Drug Administration (FDA) linked Vulto Creamery’s cheese to an outbreak of listeriosis, Vulto shut down the Vulto Creamery facility and issued a partial recall that was expanded to a full recall within weeks. According to the Centers for Disease Control and Prevention, the listeriosis outbreak resulted in eight hospitalizations and two deaths.
“It is crucial that American consumers be able to trust that the foods they buy are safe to eat,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The department will continue to work with its law enforcement partners to hold responsible food manufacturers that sell dangerously contaminated products.”
“This investigation and prosecution holds accountable the defendant and his business who through unsafe practices caused illness and death to consumers in an entirely preventable tragedy,” said U.S. Attorney Carla B. Freedman for the Northern District of New York. “The law enforcement and regulatory partners involved in this case will continue to work together to bring to justice those who endanger the public through unsafe and unsanitary products and facilities.”
“U.S. consumers rely on the FDA to ensure that their food is safe and wholesome,” said Special Agent in Charge Fernando McMillan of FDA’s Office of Criminal Investigations New York Field Office. “When companies and individuals put themselves above the law by producing food that endangers and harms the public, as occurred in this case, we will see that they are brought to justice.”
Listeriosis is a severe, invasive illness that can be life-threatening in some cases. Persons who have the greatest risk of experiencing listeriosis due to consumption of foods contaminated with L. monocytogenes are pregnant women and their newborns, the elderly and persons with weakened immune systems.
Vulto and Vulto Creamery pleaded guilty before Magistrate Judge Thérèse Wiley Dancks in Syracuse, New York. A sentencing date will be set by the court. Further information about the case will be posted under “Information for Victims in Large Cases” at the Consumer Protection Branch’s website: www.justice.gov/civil/consumer-protection-branch.
The FDA’s Office of Criminal Investigations investigated the case.
Senior Trial Attorney James T. Nelson of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Michael F. Perry for the Northern District of New York prosecuted the case.
For more information about the enforcement efforts of the Consumer Protection Branch, visit www.justice.gov/civil/consumer-protection-branch.
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