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Outbreak Summary

On August 9, 2023, the FDA announced a new multistate outbreak of Listeria illnesses that has already sickened at least two people. Later the same day, a company called Real Kosher Ice Cream voluntarily recalled its soft serve on the go ice cream and sorbet cups, because they had the potential to be contaminated with Listeria monocytogenes.

This recall was initiated after one of the sick people in the new outbreak reported eating one of these products recently in Pennsylvania. The Pennsylvania Department of Agriculture tested samples of the product and one sample tested positive for Listeria monocytogenes. On August 22nd, the CDC announced that the outbreak strain of Listeria had been found in an unopened “Soft Serve On The Go” vanilla chocolate ice cream cup that the sick person in Pennsylvania had in their freezer. Further, the New York State Department of Agriculture and Markets found the outbreak strain of Listeria in five “Soft Serve On The Go” ice cream cups that were collected from Real Kosher Ice Cream’s manufacturing location.

The two known illnesses so far are in Pennsylvania and New York, but the products were widely distributed to at least the following states: CA, CO, CT, DC, DE, FL, IL, MA, MD, MI, MN, NC, NH, NJ, NY, OH, OR, PA, VA, WV.

Our Listeria Lawyers have represented many people poisoned in Listeria outbreaks. For example, we were recently retained by several people sickened in a Listeria outbreak linked to ice cream, including a pregnant woman who lost her baby. We are actively investigating this outbreak and talking to those affected. If you or a loved one recently became sick with a Listeria infection after eating any of these Real Kosher Ice Cream products, please contact us using the form above for a free consultation.

More Details

Listeria Outbreak Linked to Real Kosher Ice Cream’s “Soft Serve on the Go Cups”

What is Listeria?

Listeriosis is a serious infection usually contracted from food contaminated by Listeria monocytogenes. Anyone can contract this bacterial infection, but pregnant women, newborns, older adults, and individuals with compromised immune systems are most at risk.

Listeriosis can be particularly dangerous for pregnant women, as it can cause miscarriage, stillbirth, or premature delivery. According to the CDC, Listeriosis causes a fetal loss in about 20% of cases. Newborns can also suffer a life-threatening infection. The CDC reports newborn death occurs in about 3% of cases. When a pregnant woman notices the symptoms of Listeriosis, it is important to seek medical care immediately to protect the pregnancy.

Individuals with weak immune systems and the elderly are more likely to develop severe infections in the bloodstream or brain, which can be fatal. Listeriosis can also affect other parts of the body, including the bones and joints.

Severe Listeriosis can be treated with antibiotics. Prompt treatment of severe symptoms is important and dramatically reduces the risk of more severe complications.

Common Symptoms of Listeria

Listeriosis symptoms can vary dramatically from person to person. In less serious cases, the infection may remain in the gut and cause flu-like symptoms. In some cases, however the Listeria bacteria will spread beyond the gut, This is known as invasive listeriosis. When Listeria spreads to the nervous system, individuals can experience:

  • Headache
  • Stiff neck
  • Confusion
  • Changes in alertness
  • Difficulty with balance
  • Convulsions
  • Sensitivity to light

Anyone experiencing these symptoms should seek medical care right away. These can be signs of bacterial meningitis, which can cause severe complications, disabilities, and death.

Contact us for more information

OFT Food Safety & Injury Lawyers is a national food safety law firm and offers free consultations to anybody potentially impacted by this outbreak. Listeria lawyers Ryan Osterholm and Brendan Flaherty have represented people sickened by Listeria throughout the country, and can your questions and help you pursue compensation.

Notable Recoveries

$10 million

Seven infants were sickened after consuming a contaminated food product marketed to infants

$6.5 million

Verdict on behalf of a little boy who contracted a severe Salmonella infection from chicken

$7.55 million

Verdict on behalf of a little girl who contracted E. coli at a petting zoo

$2.25 million

E. coli infections contracted from a major fast food chain

$45 million

An over-the-counter medication caused severe kidney damage to multiple users

$3.4 million

A pregnant woman contracted a Listeria infection from contaminated fruit and passed the infection to her child

$3 million

Multistate Cyclospora outbreaks


A couple contracted Salmonella from a restaurant


A pedestrian was struck by a left-turning car, fracturing her tibia


A semi-truck rear-ended a motorcyclist causing a collapsed lung, rib fractures and road rash