Today, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a lawsuit brought under the California Unfair Competition Law by Friends of Animals and two other advocacy groups challenging the “100% natural” language in the advertising of the defendant poultry producer. Friends of the Earth v. Sanderson Farms, Inc., No. 19-16696 (9th Cir. Mar. 31, 2021). The appellate court agreed with the district court that plaintiffs had failed to prove organizational standing. Continue reading “Ninth Circuit Tosses Animal Rights Consumer Case For Lack Of Standing”
A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit recently decided a significant case for those animal-related businesses who are subject to regulation by the U.S. Department of Agriculture (USDA). Fleming v. U.S. Dep’t of Agriculture, No. 17-1246, 1249 & 1250 (D.C. Cir. Feb. 16, 2021). Continue reading “D.C. Circuit Ducks Constitutionality of USDA ALJ’s — For Now”
Last week, we wrote on the overall euthasia rate in 2020 for the animal “shelter” that animal rights organization People for the Ethical Treatment of Animals (PeTA) runs in Norfolk, Virginia. (“Euthanasia rate” here means how many animals the shelter euthanized (killed) expressed as percentage of how many animals the shelter took in during 2020. It is based on data that every animal shelter in Virginia is required to submit annually to the Virginia Department of Agriculture and Consumer Services (VDACS).) PeTA’s euthanasia rate was far higher than the average euthanasia rate for other shelters in Virginia. When compared to the overall euthanasia rate of all reporting agencies in Virginia in 2020, as reported by VDACS, PeTA’s rate was more than 11 times higher for dogs, more than 7 times higher for cats and more than 9 times higher for dogs and cats combined.
This week, we dig a little deeper into the numbers. Continue reading “PeTA’s Euthanasia Rate — Part II”
On prior occasions (here and here), we have written about the high rate at which animal rights organization People for the Ethical Treatment of Animals (PETA) euthanizes the animals that it takes in at its Norfolk, Virginia animal “shelter.” All public and private animal shelters and other animal releasing agencies in the Commonwealth of Virginia are required to submit an annual summary of their animal custody records to the Virginia Department of Agriculture and Consumer Services (VDACS). PETA’s report for 2020 recently filed with VDACS reveals that PETA’s death rate still outpaces the average rate at which other shelters in Virginia euthanize animals. Continue reading “Euthanasia At PETA’s “Shelter” Still Occurring At Alarming Rate”
In addition to financial relief measures for those individuals and businesses affected by the COVID-19 pandemic, the omnibus spending legislation that President Trump signed on December 27, 2020 (H.R. 133 – Consolidated Appropriations Act, 2021), contains several provisions related to animals. Continue reading “COVID-19 Stimulus Legislation Contains Several Animal-Related Provisions”
by Michelle C. Pardo
Animal activist group Direct Action Everywhere (“DxE”), which made headlines for its members’ multiple criminal charges as a result of trespassing and removing animals from agriculture operations, has been enjoined for its violation of California’s Unfair Competition Law (“UCL”) for its “open rescue” actions against Diestel Turkey Ranch. After targeting Diestel’s turkey farms with its tactics, and launching an “investigation” of its turkey raising practices, back in January of 2017, DxE sued Diestel in the Alameda County Superior Court under the UCL and the False Advertising Law (FAL). DxE alleged that Diestel Turkey Ranch’s marketing had made misleading and deceptive claims about how its turkeys are raised. Direct Action Everywhere SF Bay Area v. Diestel Turkey Ranch (RG17847475) (Superior Court, Alameda County). Continue reading “Animal Activist Group’s “Open Rescue” Violates California’s Unfair Competition Law”
by John M. Simpson.
On Tuesday, a federal district court in California enjoined the enforcement of Cal. Penal Code § 653o which criminalizes the sale and possession for sale of alligator and crocodile parts in California. April in Paris v. Becerra, No. 2:19-cv-02471-KJM-CKD, consolidated with Louisiana Wildlife Fisheries Comm’n v. Becerra, No. 2:19-cv-02488-KJM-CKD (E.D. Cal. Oct. 13, 2020). Plaintiffs, business interests importing alligator and crocodile parts into California, brought the action against the California Attorney General and the Director of the state Department of Fish and Wildlife. The law had been slated to take effect on January 1, 2020, but had been suspended pursuant to a stipulated retraining order pending the court’s decision on the preliminary injunction motion. Continue reading “Federal Court Enjoins California Ban on Sale of Alligator and Crocodile Parts”
by John M. Simpson
On October 5, 2020, the California Court of Appeal (Second District) reversed a trial court’s decision that had upheld the imposition by race stewards of a double jockey fee upon a racehorse owner who had replaced the jockey the day before the draw for the 2017 Breeder’s Cup Distaff race. Fipke v. California Horse Racing Board, No. B299810 (Cal. App. Oct. 5, 2020). The court held that the fee was prohibited by the Horse Racing Law, Cal. Bus. & Prof. Code § 19500. Continue reading “California Appellate Court Throws Out Double Jockey Fee Imposed on Racehorse Owner”
by John M. Simpson.
As we reported previously, a study conducted by the National Veterinary School in Alfort, France, suggested that dogs trained in some form of olfactory detection, such as explosives or narcotics, could be trained to detect, with reasonable accuracy, the SARS-CoV-2 virus in samples of human axillary perspiration (underarm sweat), thus suggesting the potential of sniffer dogs as a screen for the COVID-19 disease. That approach has been deployed at the Dubai International Airport (DXB). Continue reading “COVID-19 Detecting Sniffer Dogs Deployed at Dubai International Airport”
by John M. Simpson.
In Center for Biological Diversity v. Bernhardt, ___ F.3d ___, No. 19-5152 (D.C. Cir. June 16, 2020), the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court’s rejection of a challenge by animal rights groups to a decision by the U.S. Fish & Wildlife Service (FWS) to withdraw blanket findings as to whether the importation under the Endangered Species Act (ESA) of certain sport trophies of “threatened” species taken in other countries would enhance the survival and not be detrimental to the survival of those species. Continue reading “Animal Rights Challenge to FWS Sport Trophy Decision Fails in D.C. Circuit”