Tag Archives: Animal Activist

International Fur Bans Continue: Serbia Ends Chinchilla Farming

by Michelle C. Pardo

Serbia joins the ranks of European countries that have enacted bans on fur farming.  Serbia’s Animal Welfare Act legislation passed in 2009, with a 10 year phase out period on farming.  The Act makes it illegal to keep, reproduce, import, export and kill animals only for the production of fur.  Efforts to delay or reverse the ban proved to be unsuccessful and the ban went into effect on the first of the year.  Serbia’s fur farming centered on raising chinchillas, which are native to Northern Chile and known to have extraordinarily dense and soft fur.  While both the long-tailed and short-tailed chinchilla are listed as “endangered” by the International Union for Conservation of Nature’s (IUCN) Red List, chinchillas are still commercially bred.  Serbia joins a number of countries that have banned fur farming or sales, including Germany, Norway and the United Kingdom.  More countries have bans on their parliamentary agendas.  Animal and environmental activists have long advocated for bans on fur farming due to animal welfare and environmental “sustainability” issues.

However a recent study commissioned by the International Fur Federation and Fur Europe found that natural fur biodegrades rapidly even in landfill conditions without oxygen as opposed to fake fur which did not biodegrade at all.  The study results, announced last summer, note that synthetic fashion materials contribute to plastic pollution and directly challenge claims made by environmental activists who claim that fur production is an energy consumptive process.

https://www.wearefur.com/wp-content/uploads/2018/06/Desintegration_Factsheet.pdf

Fur bans are not only trending in Europe.  In 2018 the Los Angeles City Council voted to ban the sale of fur clothing and directed the City Attorney’s office to draft an ordinance outlining the ban.  The LA City Council will have to approve the ordinance and have it signed by the mayor before it becomes law.  The LA ban will likely have exemptions for fur trapped by California Fish and Game license holders and for fur worn for religious purposes.  Some in the fashion industry have debated whether fur bans are only the first step in an activist agenda to ban the sale of leather and wool.  Sustainability has become the “buzz word” in the fashion industry as more companies feel pressures to source their goods from raw materials that generate environmental, social and economic benefits while not using too many resources or causing pollution.

 

 

Lions and Tigers and Bears (No Way!): New Jersey Bans Exotic Animals in Traveling Shows

by Michelle C. Pardo

Last week, New Jersey became the first state in the nation to enact a law prohibiting the use of elephants and other wild or exotic animals in traveling animal acts.  Governor Phil Murphy signed a bill authorizing the statewide ban after it received a significant margin of votes in the Legislature.  The bill had passed last session but was pocket vetoed by Governor Chris Christie. Continue reading Lions and Tigers and Bears (No Way!): New Jersey Bans Exotic Animals in Traveling Shows

USDA and FDA Announce Joint Regulatory Oversight for Cell-Cultured Food Products

by Michelle C. Pardo

On November 16, 2018, the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) announced that the two Agencies will jointly oversee the production of cell-cultured food products derived from livestock and poultry (referred to by some as “clean meat”). This announcement follows October meetings between the two Agencies and stakeholders about issues related to regulatory oversight for this new technology, including issues related to potential hazards in production.

In an official statement:

“the Agencies are today announcing agreement on a joint regulatory framework wherein FDA oversees cell collection, cell banks and cell growth and differentiation. A transition from FDA to USDA oversight will occur during the cell harvest stage. USDA will then oversee the production and labeling of food products derived from the cells of livestock and poultry.”

The Agencies noted that this joint oversight takes advantage of the FDA’s and the USDA’s respective experience with new food technologies, living bio systems, and regulation of livestock and poultry products for human consumption. The Agencies and the Administration have taken the position that no new legislation on this topic is necessary. While many in the meat industry had presumed that the two Agencies would share regulatory oversight, the respective roles were not defined prior to this announcement. Cell-cultured meat companies seemed to have favored the FDA as the primary regulatory agency, while those that raise livestock and poultry for slaughter tended to favor the USDA taking the lead.

Some traditional meat companies have criticized cell-cultured meat technology as “fake meat”.  We previously blogged about a lawsuit challenging state laws that limit what type of product can be labeled as “meat”.  (“What’s Your Beef: Legal Challenge to Missouri’s Meat Advertising  Law)  https://blogs.duanemorris.com/animallawdevelopments/tag/clean-meat/.   Whatever the products marketed and sold to consumers are eventually called — be it “cell-cultured food products”, “clean meat”, “lab grown meat”, “synthetic meat” or “in vitro meat” — this technology is bound to spark further debate among stakeholders in the food industries, the scientific community, consumers, and animal rights activists.

The public comment period on this issue is extended until December 26, 2018.

Asian Elephant Case Against Buttonwood Park Zoo Continues

by Michelle C. Pardo

An Endangered Species Act (ESA) lawsuit against the City of New Bedford will continue after a federal district judge in Massachusetts denied the defendant’s efforts to dismiss plaintiff Joyce Rowley’s lawsuit.  The City of New Bedford runs the Buttonwood Park Zoo, which has been home to two Asian elephants, Ruth and Emily, for decades.  Plaintiff Rowley runs an organization called Friends of Ruth & Emily Inc., which is dedicated to retiring Asian elephants Ruth and Emily to “a warm climate sanctuary to live out their days in peace, dignity, and freedom”.  In the last 25 months, it’s “Go Fund Me” page has raised just $10,025 of the requested $25,000 “to get justice” for the elephants. Continue reading Asian Elephant Case Against Buttonwood Park Zoo Continues

“Animal Rights Extremism” Targeted in Trump Administration Counterterrorism Strategy

by John M. Simpson

Somewhat lost in the din of current news reporting on the Supreme Court appointment controversy,  was the release of the Trump administration’s National Strategy for Counterterrorism of the United States (Strategy) on October 4.  That document makes specific reference to “animal rights extremism” as a “persistent” domestic security threat.  Continue reading “Animal Rights Extremism” Targeted in Trump Administration Counterterrorism Strategy

Justice the Horse Will NOT Have his Day in Court

by Michelle C. Pardo

In August, we updated you about a lawsuit filed by the Animal Legal Defense Fund (ALDF) in which a horse called Justice was the named plaintiff.  On September 17, 2019, an Oregon judge rejected the “creative” theory that an animal has legal capacity to sue its former owner and dismissed the case with prejudice, delivering another blow to various animal activist groups’ movement to open the courthouse doors to non-human animal litigants.  Continue reading Justice the Horse Will NOT Have his Day in Court

“What’s Your Beef”? Legal Challenge to Missouri’s New Meat Advertising Law

by Michelle C. Pardo

Animal rights and environmental activists have long led the charge into federal and state courts with consumer fraud actions challenging representations made about animal products, ostensibly arguing that consumers are misled by animal welfare claims on labels, but often with the ultimate goal of removing from a label something that the activists fear is influencing consumers’ purchase of an animal product.

Missouri’s new, first-in-the-nation law (amending its prior meat advertising law) prohibits companies from “misrepresenting a product as meat that is not derived from harvested livestock or poultry.” Mo. Rev. Stat. § 265.494(7). This amendment may put animal and environmental activist groups on their heels as it changes the way that products not derived from animals can be labeled.

Continue reading “What’s Your Beef”? Legal Challenge to Missouri’s New Meat Advertising Law

Court Narrows Lawsuit Challenging Withdrawal of Organic Livestock and Poultry Practices Rule

by Michelle Pardo

Last week, a federal district court in the Northern District of California granted in part and denied in part the United States Department of Agriculture’s (USDA’s) motion to dismiss a lawsuit brought by a coalition of environmental and animal rights organizations which sought to challenge the USDA’s withdrawal of a rule requiring new standards for raising, transporting and slaughtering organic animals.  Center for Environmental Health, et al. v. Perdue (No. 3:18-cv-01763-RS, N.D. Cal.).  The plaintiffs, various organic and environmental groups, together with the Humane Society of the United States and the Animal Legal Defense Fund, had sued the federal government over its withdrawal of a hotly-debated and commented upon Rule that proscribed animal welfare standards for livestock and poultry.  Continue reading Court Narrows Lawsuit Challenging Withdrawal of Organic Livestock and Poultry Practices Rule

A Horse is a Horse (Of Course) . . .But a Plaintiff?

by: Michelle C. Pardo

“Justice” (formerly named “Shadow”) is an American Quarter Horse who had been subject to neglect by his prior owner. According to a complaint recently filed in state court in Oregon, the horse was left outside, underfed, and suffered from a variety of serious medical problems, including frostbite, trauma and infection. After complaints by a neighbor, the former owner surrendered Justice to a rescue organization back in March of 2017 and thereafter pleaded guilty to criminal neglect.  The owner also agreed to pay restitution to the equine rescue organization for the costs of Justice’s care incurred prior to the plea. Media reports indicate that the owner paid more than $3,700 in restitution, was sentenced to three years probation, and may not possess any pets or livestock for five years (and only after completing 96 hours of community service). Typically, as disturbing as such court cases may be, that is the end of a legal proceeding involving animal abuse or neglect.

Justice’s story, however, has a “Part Two”. Justice is suing his former owner for negligence and has filed a lawsuit in his new name in a county court in Oregon. Continue reading A Horse is a Horse (Of Course) . . .But a Plaintiff?

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit, Finding That PETA’s “Next Friend” Lawsuit Used Monkey as a “Pawn”

By: Michelle C. Pardo

As the old saying goes, “with friends like these, who needs enemies?”

Last year, animal activist group People for the Ethical Treatment of Animals (PETA), acting as a purported “next friend” of a Sulawesi crested macaque (named “Naruto”), brought a lawsuit in the Northern District of California against wildlife photographer David Slater and a self-publishing book company over a “selfie” that the macaque had taken when it grabbed wildlife photographer Slater’s camera.   PETA had alleged that the monkey, as author and owner of the photograph, had a claim for copyright infringement against defendants.  After finding that the monkey had constitutional standing, but no standing under the Copyright Act, the district court dismissed the case.  PETA appealed the case to the Ninth Circuit. Continue reading Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit