Blue Bell Awarded Food Safety Leadership Award by International Dairy Foods Association with no mention of Deaths or Criminal Penalties

I am a firm believer that people and companies can change and improve after doing something horrible, but what happened should not be ignored. the International Daily Foods Association – and Blue Bell should not forget. Here is a bit of a reminder.

The Award:

Blue Bell Creameries of Brenham, Texas was recognized today with the International Dairy Foods Association’s (IDFA) 2025 Food Safety Leadership Award during IDFA’s Dairy Forum. The award, now in its ninth year, honors an individual, group or organization for demonstrating outstanding leadership directed at enhancing food safety within the dairy products industry.

Blue Bell Creameries has been a premier ice cream and frozen dessert maker for 118 years. Established as the Brenham Creamery Company in 1907, the company changed its name to Blue Bell Creameries in 1930 after the native Texas bluebell wildflower. Today, Blue Bell products are available in nearly half the states in the country and rank as one of the best-selling ice creams in the United States. Over the past decade, the company has transformed itself by implementing one of the dairy industry’s most rigorous food safety protocols and quality assurance programs, going beyond regulatory and industry standards to set one of the highest bars in dairy.

“IDFA is pleased to present the 2025 Food Safety Leadership Award to Blue Bell Creameries and to recognize the company’s strong commitment to embracing a ‘culture of food safety’ across the entire business, in all employees, in all aspects of its work,” said IDFA Senior Vice President for Regulatory and Scientific Affairs Roberta Wagner, one of the panelists who reviewed this year’s nominees.

In addition to testimonials from third-party industry experts, Wagner said it was the company’s investment and commitment to ongoing food safety training for staff that elevated Blue Bell.

“Food safety systems, protocols, and data are essential, but nothing is more important than rigorous and consistent training for all staff,” said Wagner.

“This award is a reflection of the hard work and dedication of an entire team that shares a common goal. Together, Blue Bell has built and embraced a culture over the years where food safety is not just a priority, but a fundamental value that shapes everything we do. We are proud to be a part of IDFA, and to share in their commitment to working together to make a positive difference for the dairy industry and consumers,” said Jimmy Lawhorn, President, Blue Bell Creameries.

Blue Bell has developed and implemented comprehensive training programs on food safety for all staff, conducts rigorous internal audits, and is BRCGS-certified at all three of the company’s main production facilities since 2021, receiving the highest possible scores in each of the past two years. Additionally, the company has invested in new equipment with enhanced sanitary design, implemented new software and data solutions, upgraded its facilities, and established a robust ingredient screening and approval program.

The Outbreak:

A total of 10 people infected with several strains of Listeria were reported from 4 states: Arizona (1), Kansas (5), Oklahoma (1), and Texas (3). Illness onset dates ranged from January 2010 through January 2015. The people with illness onsets during 2010–2014 were identified through a retrospective review of the PulseNet database for DNA fingerprints matching isolates collected from Blue Bell ice cream samples. All 10 (100%) people were hospitalized. Three deaths were reported from Kansas.

Investigation of the Outbreak

February 2015

In February 2015, the South Carolina Department of Health and Environmental Control isolated Listeria as part of routine sampling from Blue Bell brand single-serving ice cream products collected from a distribution center: Chocolate Chip Country Cookie Sandwiches and Great Divide Bars. In response to the findings in South Carolina, the Texas Department of State Health Services collected product samples from the Blue Bell Creameries production facility in Brenham, Texas, that made these products. Testing by Texas health officials yielded Listeria isolates from some samples of the same two products tested by South Carolina and from another Blue Bell ice cream product called “Scoops.” This product was made on the same production line as the Chocolate Chip Country Cookie Sandwiches and Great Divide Bars. PFGE was performed on the Listeria isolated from the ice cream samples; seven different PFGE patterns were identified and uploaded to PulseNet.

March 2015

In March 2015, Kansas health officials identified two people from the same hospital who were infected with Listeria bacteria that had the same PFGE pattern. Three additional listeriosis cases with three other PFGE patterns had previously been identified from the same hospital. All five people were hospitalized for unrelated problems before developing invasive listeriosis — a finding that strongly suggested their infections were acquired in the hospital. Listeria isolates from four of the five people had PFGE patterns that were also identified in ice cream tested by South Carolina and Texas. Although some of the illnesses occurred more than a year before this investigation began, all four people with available information consumed milkshakes made with the “Scoops” Blue Bell ice cream product while they were in the hospital. Isolates from four of these people were highly related to each other by whole genome sequencing. Listeria isolated from the fifth person was not related to isolates from the other four ill people. In addition, the PFGE pattern was not identified in any ice cream samples. However, this person was part of a recognized illness cluster at the hospital and consumed milkshakes made with “Scoops” while hospitalized. As a result, this person was included as a case in the outbreak.  Illness onset dates for the five people ranged from January 2014 through January 2015. Three of these people died as a result of their Listeria infection.

On March 13, 2015, Blue Bell Creameries reported removing the “Scoops” ice cream product and other products made on the same production line from the market. The company also reported that it had shut down that production line at its Brenham, Texas, facility.

On March 22, 2015, the Kansas Department of Health and Environment (KDHE) reported that Listeria was isolated from a previously unopened, single-serving Blue Bell brand 3 oz. institutional/food service chocolate ice cream cupcollected from the Kansas hospital involved in the outbreak. Samples of Blue Bell brand 3 oz. institutional/food service chocolate ice cream cups collected from the company’s Broken Arrow, Oklahoma, facility also yielded Listeria. Listeria isolated from ice cream cup samples were indistinguishable from each other by PFGE, but were different from those isolated from people in Kansas and from other Blue Bell brand ice cream products previously sampled in Texas and South Carolina. On March 23, 2015, Blue Bell announced a recall of 3 oz. institutional/food service ice cream cups (with tab lids) of several flavors produced at the company’s Broken Arrow, Oklahoma, facility.

April 2015

On April 3, 2015, CDC reported that illnesses might be linked to ice cream made in Blue Bell Creameries’ Oklahoma facility, but lacked sufficient information to include them as cases in the outbreak at the time. These illnesses were identified when investigators searched the PulseNet database and identified 6 people from Arizona (1), Oklahoma (1), and Texas (4) with listeriosis between 2010 and 2014 who had Listeria isolates with PFGE patterns indistinguishable from isolates from the chocolate ice cream cups made in the Broken Arrow, Oklahoma, facility. The four people reported from Texas were hospitalized for unrelated problems before developing listeriosis. Information available for one person indicated that they consumed ice cream in a Texas hospital before developing listeriosis; the Texas Department of State Health Services reported that the hospital had received Blue Bell brand ice cream cups. None of the four people in Texas died from Listeria infection. At this point in the investigation, CDC recommended that consumers not eat and institutions and retailers not serve any products made at the company’s Oklahoma facility, in addition to any previously recalled or withdrawn products. That day, Blue Bell Creameries reported that they had voluntarily suspended operations at their facility in Oklahoma.

On April 8, 2015, CDC reported that whole genome sequencing confirmed that three of the four isolates from people in Texas were nearly identical to Listeria strains isolated from ice cream produced at Blue Bell Creameries’ Oklahoma facility. These three people were added to the case count for the outbreak, bringing the total to 8. The fourth isolate was later determined not to be part of the outbreak by whole genome sequencing and this illness was not added to the case count.

On April 20, 2015, Blue Bell Creameries voluntarily recalled all products currently on the market made at all of its facilities, including ice cream, frozen yogurt, sherbet, and frozen snacks. Blue Bell announced this recall after sampling by the company revealed that Chocolate Chip Cookie Dough Ice Cream half gallons produced on March 17, 2015, and March 27, 2015, contained Listeria.

On April 21, CDC reported that whole genome sequencing confirmed that the people from Arizona (1) and Oklahoma (1) were part of the outbreak, bringing the total case count to 10.

May 2015

On May 7, 2015, FDA released the findings from recent inspections at the Blue Bell production facilities in Brenham, Texas; Broken Arrow, Oklahoma; and Sylacauga, Alabama.
 
The Criminal Penatly

A federal court in Texas sentenced ice cream manufacturer Blue Bell Creameries L.P. to pay $17.25 million in criminal penalties for shipments of contaminated products linked to a 2015 listeriosis outbreak, the Justice Department announced today.

Blue Bell pleaded guilty in May 2020 to two misdemeanor counts of distributing adulterated ice cream products.  The sentence, imposed by U.S. District Judge Robert Pitman in Austin, Texas, was consistent with the terms of a plea agreement previously filed in the case.  The $17.25 million fine and forfeiture amount is the largest-ever criminal penalty following a conviction in a food safety case.

“American consumers must be able to trust that the foods they purchase are safe to eat,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division.  “The sentence imposed today sends a clear message to food manufacturers that the Department of Justice will take appropriate actions when contaminated food products endanger consumers.”

“The health of American consumers and the safety of our food are too important to be thwarted by the criminal acts of any individual or company,”  said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration.  “Americans expect and deserve the highest standards of food safety and integrity.  We will continue to pursue and bring to justice those who put the public health at risk by distributing contaminated foods in the U.S. marketplace.”    

 “The results of this investigation reflect the determination of the Defense Criminal Investigative Service to hold companies that sell food products to the military accountable and ensure they comply with food safety laws,”  said Michael Mentavlos, Special Agent-in-Charge of the DCIS Southwest Field Office.  “The health and safety of our service members and their dependents is of paramount importance.”

The plea agreement and criminal information filed against Blue Bell allege that the company distributed ice cream products that were manufactured under insanitary conditions and contaminated with Listeria monocytogenes, in violation of the Food, Drug and Cosmetic Act.  According to the plea agreement, Texas state officials notified Blue Bell in February 2015 that samples of two ice cream products from the company’s Brenham, Texas factory tested positive for Listeria monocytogenes, a dangerous pathogen that can lead to serious illness or death in vulnerable populations such as pregnant women, newborns, the elderly, and those with compromised immune systems.  Blue Bell directed its delivery route drivers to remove remaining stock of the two products from store shelves, but the company did not recall the products or issue any formal communication to inform customers about the potential Listeria contamination.  Two weeks after receiving notification of the first positive Listeria tests, Texas state officials informed Blue Bell that additional state-led testing confirmed Listeria in a third product.  Blue Bell again chose not to issue any formal notification to customers regarding the positive tests. Blue Bell’s customers included military installations.  

In March 2015, tests conducted by the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) linked the strain of Listeria in one of the Blue Bell ice cream products to a strain that sickened five patients at a Kansas hospital with listeriosis, the severe illness caused by ingestion of Listeria-contaminated food.  The FDA, CDC, and Blue Bell all issued public recall notifications on March 13, 2015.  Subsequent tests confirmed Listeria contamination in a product made at another Blue Bell facility in Broken Arrow, Oklahoma, which led to a second recall announcement on March 23, 2015. 

According to the plea agreement with the company, FDA inspections in March and April 2015 revealed sanitation issues at the Brenham and Broken Arrow facilities, including problems with the hot water supply needed to properly clean equipment and deteriorating factory conditions that could lead to insanitary water dripping into product mix during the manufacturing process.  Blue Bell temporarily closed all of its plants in late April 2015 to clean and update the facilities. Since re-opening its facilities in late 2015, Blue Bell has taken significant steps to enhance sanitation processes and enact a program to test products for Listeria prior to shipment. 

Trial Attorneys Patrick Hearn and Matt Lash of the Civil Division’s Consumer Protection Branch prosecuted the case with assistance from Shannon Singleton and Michael Varrone of the FDA’s Office of Chief Counsel.  The criminal investigation was conducted by the FDA’s Office of Criminal Investigations and the Department of Defense Criminal Investigative Service.   

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.

Source: https://www.marlerblog.com/case-news/blue-bell-awarded-food-safety-leadership-award-by-international-dairy-foods-association-with-no-mention-of-deaths-or-criminal-penalties/