by Michelle C. Pardo
In 2004, after a strong push from animal rights activists, California banned the production and sale of foie gras, a luxury gourmet food and traditional French delicacy that is made from duck or geese liver. See CA Health & Safety Code, Section 25982 (“A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond a normal size.”). The ban went into effect in 2012. Years of litigation by a restaurant operator and a coalition of foie gras producers, which challenged the law as vague and unreasonably interfering with interstate commerce, had been unsuccessful. In 2017, the Ninth Circuit upheld the statute, and last year, the U.S. Supreme Court declined to hear arguments in the foie gras industry’s challenge to the ban.
This week Stephen V. Wilson, U.S. District Court for the Central District of California, granted plaintiffs’ motion for summary judgment and ruled that the ban did not cover the shipment of foie gras by out-of-state producers to California customers. Association des Eleveurs de Canards et d’Oies du Quebec et al. v. Kamala J. Harris, et al. (2:12-cv-05735-SVW-RZ) (C.D. Cal. July 14, 2020). Continue reading California Federal Court Serves Up a Win to Foie Gras Producers