Maryland ice cream company banned from selling certain products after listeria found
A Maryland-based ice cream company has been permanently prohibited from manufacturing and distributing adulterated food products after a 2024 U.S. Food and Drug Administration (FDA) inspection found listeria at its facility, according to the Department of Justice.
The decision by a federal court came after a civil complaint filed in early March alleged that Totally Cool Inc. and its president, CEO and owner, Michael Uhlfelder, violated the Federal Food, Drug and Cosmetics Act (FDCA) by selling adulterated ice cream products.
Food products are described as adulterated when they fail to meet standards set by the FDA. Adulteration is a criminal offense in the U.S.
According to the Department of Justice (DOJ), Totally Cool's ice cream products were sold under the names Friendly's, Abilyn's, Hershey's Creamery Corporation, Schwan's/Yelloh!, Jeni's, Cumberland Farms, and ChipWich.
Recall prompts layoffs
During a routine inspection of the Totally Cool facility in Owings Mills in 2024, the FDA identified listeria and found various unsanitary conditions on multiple food-contact surfaces, according to the civil complaint.
The DOJ said the strain of bacteria found during the inspection appeared to have been present in the facility since at least 2017. The bacteria matched samples of Listeria monocytogenes (L. mono) known to be capable of affecting the health of humans.
Listeria can cause serious and sometimes fatal infections in those with weakened immune systems, like young children or elderly people, according to the FDA.
After the inspection, Totally Cool recalled more than 60 products due to the risk of contamination. No illnesses were reported in connection to the recall, CBS News reported.
According to our partners at the Baltimore Banner, Totally Cool laid off 68 of its 71 employees after the recall was announced.
In July 2024, the FDA suspended the company's food facility registration and the company has since moved forward with bankruptcy proceedings, according to the DOJ.
The DOJ said Totally Cool agreed to settle the lawsuit. As part of the settlement, the company said it discontinued all operations related to food processing and preparation.
Under the settlement agreement, the company is required to notify the FDA before resuming manufacturing operations and comply with specific measures. The agreement does not determine liability.
