Dive Brief:

• Eric and Ryan Jensen, the brothers who owned and operated Colorado's Jensen Farms, were sentenced to five years probation in connection with a 2011 Listeria outbreak linked to their cantaloupes.
• Along with the probation, U.S. District Court Magistrate Judge Michael E. Hegarty ordered the brothers to pay $150,000 in restitution to victims, and to complete 100 hours of community service and six months of home detention.
• The listeriosis outbreak, stemming from contaminated cantaloupes, was one of the largest in U.S. history, sickening 147 in 28 states, killing 33 and causing one miscarriage. The Jensens were charged in with six counts of adulteration of a food and aiding and abetting in October.

Dive Insight:

The Jensens initially faced jail time — one year and a $250,000 fine per charge — but their attorneys pushed for probation instead of what they said would be an "excessive" punishment. Likely, the decision to sentence the brothers to probation was influenced by the fact that they have attempted to make things right with victims and their families in the wake of the outbreak. A negligence suit filed by the brothers against a firm hired to monitor safety standards on their farm was then signed by the Jensens over to the families of the victims, giving them any money that came as a result of a settlement or judgment. Additionally, Jensen Farms has since gone bankrupt and settled a civil claims suit with the victims and their families.