The judge has declared a mistrial in U.S. v Paul Kruse. The Federal charges included alleging fraud resulting from a 2015 outbreak of listeriosis. The jury deadlocked 10 in favor of acquittal to 2 voting to convict after 4 days of deliberation.

It is questioned whether the Department of Justice was able to demonstrate to the jury that Kruse, then CEO of Blue Bell Creamery a family-held company, was personally responsible for the outbreak.

Given the inclination of the jury to acquit, if the DOJ wishes to retry Kruse, they will have to present more understandable and definitive evidence to demonstrate fraud or deliberate deception.