On May 1, 2020, Blue Bell Creameries L.P. (Blue Bell) and the U.S. Department of Justice (DOJ) entered into two separate agreements related to the 2015 listeriosis outbreak linked to Blue Bell ice cream. This memorandum provides an overview of the negotiated agreements, the facts giving rise to the agreements, and key takeaways for the food industry. These takeaways include: (1) DOJ continues to actively pursue criminal investigations of companies in the food industry; (2) DOJ places a high interest not just on food safety, but also on the company’s communications with the public and its customers; (3) DOJ will take note of remediation efforts implemented by food manufacturers for the purposes of negotiated agreements; and (4) the False Claims Act is a statute that food manufacturers should become familiar with in short order, particularly if they sell food products to government customers.
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