BLUE BELL EMPLOYEES TESTIFY IN PAUL KRUSE TRIAL

  
Paul Kruse

Testimony this week during the trial of Paul Kruse indicated that the former president and CEO of Blue Bell Creameries was aware of problems with listeria before the company moved to recall all of its ice cream products in 2015.

The Austin American-Statesman reported that Andy Kollman, former quality control manager at Blue Bell’s Brenham location, testified on Monday that he informed executives in 2014 of “elevated counts” of bacteria, and that the problem needed to be resolved before the company got in trouble.

In 2011, Kollman told Kruse a sample of ice cream that had been released to the public had tested positive for listeria.  Kollman said Kruse became angry with him upon receiving the lab results, telling Kollman to discontinue the testing program.

Kruse’s attorney, Chris Flood, said Kruse was upset because the product had already been made available to the public, not because listeria was discovered.  Kollman stated Kruse had said before that instead of utilizing reactive testing, he wanted employees to use proactive sanitation measures.

While Kollman said he was never ordered to get rid of the positive lab test, fellow Blue Bell employee Stacy Eckert said she shredded paper copies and deleted the electronic copy.

The employees who testified did so as part of an agreement with the Department of Justice so they would not be prosecuted.

Kruse faces federal conspiracy and fraud charges.  Blue Bell pleaded guilty separately in 2020 to two counts of distributing adulterated food products in violation of the Federal Food, Drug, and Cosmetic Act.  The company paid a total of $19.35 million in fines, forfeitures and civil settlement payments, the second-largest amount ever paid in resolution of a food safety matter.

Closing arguments were heard on Tuesday.  The jury now begins deliberations.

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