The Department of Justice will retry Paul Kruse for his actions as CEO of Blue Bell Creamery in 2015 involving a limited outbreak of listeriosis.  In August, a mistrial was declared after the jury was unable to reach a unanimous decision breaking 10-to-2 in favor of the defendant.

Blue Bell as a corporate entity pleaded guilty in 2020 on two counts of distributing adulterated food products paying a penalty of $17.5 million plus $2.1 million to resolve False Claims Act allegations with respect to ice cream sold to federal agencies including the Department of Defense.

Kruse will face federal felony charges of conspiracy and fraud associated with allegations that he failed to disclose results of positive Listeria assays in company plants.

According to Food Safety News, the Centers for Disease Control and Prevention were able to relate isolates from patients over a four-year period with samples obtained from Blue Bell ice cream and company manufacturing plants.