Protecting families from contaminated food and water
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Protecting families from contaminated food and water
Posted in Listeria,Outbreaks & Recalls on March 13, 2025
The Totally Cool ice cream plant has closed its doors following a permanent injunction request from the U.S. Food and Drug Administration (FDA). The repeat Listeria violations and continued failure to correct other food safety problems observed during repeated inspections was the reason the agency made that big move to keep Totally Cool ice cream products from reaching the public.
Here’s how it went down.
An huge ice cream recall was announced last summer affecting more than 60 products across 13 brands.
What was the reason for the recall?
Listeria monocytogenes
This life-threatening bacterium was discovered during routine sampling activities.
This recall didn’t just impact Totally Cool products. This ice cream manufacturer not only produced their own brand, but also made ice cream for other popular brands. Some you will recognize.
Companies such as:
Pints, half gallon, ice cream sandwiches, and more were included in downline recalls across the country. Resulting in significant claims and millions of dollars in losses from the abovementioned companies. Some large, and some small, family-owned operations.
In response to what the FDA says was a lack of corrections taken to remedy the reported violations, as well as the increase in positive listeria samples found at the facility in 2024, the agency suspended the company’s food facility registration, which barred it from distributing its products.
The plant’s 2024 inspection revealed unsanitary conditions, poorly constructed protocols, and a persistent strain of Listeria bacteria throughout the facility.
At least 11 of the 70 samples taken from various location inside the plant returned with a positive result for Listeria monocytogenes. The same germ that shut down the Texas-based Blue Bell Creamery in 2015.
The strain identified in the recent samples at the Totally Cool facility is believed to date back to 2017. Samples matched Listeria strains from 2017 and 2019 inspections.
The inspection process, which started May 20th, revealed serious sanitary concerns. The production line making ice cream sandwiches had condensation dripping onto conveyor belts. Staff were observed using spray hoses near production lines. There was even standing water on the production floor where some of the products were being made.
During the site inspection, staff did not consistently wash their hands or change gloves, and some where unable to identify the protocols required to prevent product contamination. They were also observed using equipment and utensils without appropriate sanitizing activities.
In November of 2019, the company was cited for not addressing positive test results from in-house testing. One of the positive samples came from a crack in the floor. A problem noted in that year’s inspection and was brought to the company’s attention.
Failure to make appropriate facility and sanitary improvements has escalated enforcement activities.
This permanent injunction bars the company from importing or exporting food until the facility is reinspected and found compliant with FDA standards.
Though it unlikely the company will move in that direction.
Following the recall, Totally Cool laid off 68 of their 71 employees and filed for bankruptcy.
A move that isn’t exactly a death sentence. But only time will tell.
Listeria monocytogenes is the bacteria responsible for listeriosis. Contaminated food is the most common source.
While anyone can become infected with Listeria, most normally healthy people do not become seriously ill. There are certain groups, however, that are more at risk of becoming sick or experiencing more severe illness.
High-risk groups include:
Listeria bacteria cause a complicated range of symptoms. These symptoms, like most bacterial infections, can range from mild to severe.
A uniquely dangerous complication, however, affects those who are pregnant.
Additionally, Listeria infection symptoms can vary, depending on what part of the body it affects. It can cause intestinal illness or potential system-wide problems if the bacteria leave the digestive system and attack other parts of the body.
One of the most common symptoms of Listeria infections involves intestinal illness. Intestinal illness occurs when the bacteria affect the digestive system.
Common symptoms include vomiting and diarrhea beginning within 24 hours of consuming something contaminated with Listeria bacteria. These symptoms often resolve within three days.
Most people with intestinal Listeria illness do not require medical intervention or antibiotic treatment. People with this type of infection benefit from plenty of rest, fluids, and treating the symptoms.
Intestinal Listeria illness can evolve to a more invasive illness.
Listeria bacteria cause invasive illness when they leave the digestive system and enter other parts of the body. Invasive listeriosis affects pregnant people and non-pregnant people in different ways. For both categories, invasive illness symptoms usually begin about two weeks after exposure.
While personal symptoms of invasive listeriosis are milder in pregnant people, the impact on the pregnancy poses potentially serious consequences. Someone who is pregnant and experiencing invasive listeriosis may have fever, fatigue, and muscle aches. However, listeriosis during pregnancy can lead to still birth, premature deliver, miscarriage, or life-threatening infection in the newborn.
Those who are not pregnant have a higher risk of serious illness or death. Invasive listeriosis in non-pregnant people often includes headaches, stiff neck, confusion, loss of balance, and convulsions. Some may also experience fever and/or muscle aches. This infection can be serious or even life-threatening. 1 in 20 nonpregnant people with invasive listeriosis will die from their illness.
If you were diagnosed with listeriosis after consuming Totally Cool recalled ice cream product, and want to get advice from an experienced Listeria Lawyer, The Lange Law Firm can help!
The Lange Law Firm, PLLC has represented many families with cases just like yours. They can help answer questions you may have and help you understand if you have a legal case.
Reach out for a free consultation to go over the details of your situation. Call (833) 330-3663 or click here to fill out the online submission.
By: Heather Van Tassell (contributing writer, non-lawyer)