Federal court issues consent decree against Maryland ice cream producer

The U.S. District Court for the District of Maryland has entered a consent decree of permanent injunction against Totally Cool Inc., a Maryland manufacturer of ice cream and frozen desserts at the request of the FDA. The consent decree includes the company’s CEO and owner, Michael J. Uhlfelder.  On July… Continue Reading Enforcement, Food Policy & Law, consent decree, ice cream, Maryland, Totally Cool Inc. Food Safety News

The U.S. District Court for the District of Maryland has entered a consent decree of permanent injunction against Totally Cool Inc., a Maryland manufacturer of ice cream and frozen desserts at the request of the FDA.

The consent decree includes the company’s CEO and owner, Michael J. Uhlfelder. 

On July 8, 2024, the Food and Drug Administration suspended Totally Cool’s food facility registration after an inspection of the firm revealed Listeria monocytogenes in the facility, as well as numerous failures of the firm to adhere to current good manufacturing practice for food safety, including sanitation requirements for employees and equipment.

The consent decree prohibits Totally Cool and Uhlfelder from directly or indirectly receiving, preparing, processing, packing, holding, and/or distributing any article of food unless and until they meet certain requirements.

The company already filed for bankruptcy and closed down operations in 2024.

The Food and Drug Administration’s request for the injunction cited details about the unsanitary conditions at the Baltimore, MD, production facility. The company recalled more than 60 products sold across 13 states in 2024 after the FDA found Listeria monocytogenes on a production line at the factory.

In its request for the permanent injunction against the company, the FDA cited repeated violations discovered during the plant’s 2024 inspection that led to its shutdown, including faulty protocols, unsanitary conditions and a persistent strain of listeria that was believed to have existed at the facility since 2017.

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