A federal appeals court has tossed out the conviction of the former chief marketing officer of one of the nation’s biggest food products distributors.

The 2nd U.S. Circuit Court of Appeals ordered a new trial Thursday for Mark Kaiser. He worked for U.S. Foodservice Inc., a subsidiary of supermarket giant Royal Ahold NV.

The appeals court said a new trial was necessary because the trial judge erred in his instructions to the jury.

Kaiser is a resident of Ellicott City, Md. He’s been free on bail since he was sentenced three years ago to seven years in prison.