The long-delayed trial of Paul Kruse, CEO of Blue Bell Creamery, will take place in Austin in the Western District Court of Texas, presided over by Federal Judge Robert Pitman.  Pretrial motions have been heard including a Daubert hearing relating to expert testimony, the defense list of witnesses submitted by the defense in the Department of Justice and evidence the DOJ intends to present.  Pretrial motions can be submitted through June 22nd. Contentious submissions by the defence include a request to exclude specific data regarding the sanitary status of plants and the level of coliform organisms isolated.

The case arises from contamination of Blue Bell ice cream products with Listeria emanating from a number of plants operated by the company in 2015.  Traceback from ten patients implicated Blue Bell products that were recalled, and all plants were shut down to allow for decontamination.  The financial impact on the company resulted in the family shareholding being passed to an investment group with replacement of management.

Paul Kruse faces multiple charges relating to failure to comply with FDA regulations, having allegedly allowed product to be distributed that knowingly were potentially contaminated with Listeria for which an FDA zero tolerance is applied.