Vulto pleads Guilty to selling Listeria-tainted Raw Milk Cheese

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.

Here are the details of the outbreak:

Case Count: 8 – Connecticut (1), Florida (1), New York (5) and Vermont (1)

CDC collaborated with public health and regulatory officials in several states and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Listeria monocytogenes infections (listeriosis). Listeria causes a serious, life-threatening illness.

Listeria specimens from ill people were collected from September 1, 2016 to March 13, 2017. Ill people ranged in age from less than one year to 89 years, with a median age of 52 years. Five of eight ill people were female. All eight (100%) ill people were hospitalized, including two people from Connecticut and Vermont who died. One of the illnesses was reported in a newborn.

Epidemiologic and laboratory evidence indicated that soft raw milk cheese made by Vulto Creamery of Walton, New York, was the likely source of this outbreak.

State and local health departments interviewed ill people or their family members about the foods they ate or other exposures in the month before their illness started. Based on those interviews, eight (100%) of eight people ate a soft cheese. The ill resident of Florida reported traveling to New York state and eating soft cheese there before becoming ill. Available information indicated that cheese made by Vulto Creamery was for sale at stores where at least seven of the ill people bought cheese before getting sick.

The Connecticut Department of Public Health collected leftover cheeses from the home of the deceased person in Connecticut. The outbreak strain of Listeria was identified in a leftover cheese that the family identified as Ouleout cheese from Vulto Creamery.

The New York Division of Milk Control and Dairy Services collected three intact wheels of Ouleout cheese from Vulto Creamery. The outbreak strain of Listeria was identified in samples taken from the three wheels of cheese. On March 7, 2017, Vulto Creamery recalled all lots of Ouleout, Miranda, Heinennellie, and Willowemoc soft wash-rind raw milk cheeses. On March 10, the company expanded the recall to include four other cheeses: Andes, Blue Blais, Hamden, and Walton Umber. The raw milk cheeses were distributed nationwide, with most sold in stores in the northeastern and Mid-Atlantic states; California; Chicago; Portland, Oregon; and Washington, D.C.

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.