Court upholds California foie gras ban
Print Edition
California can continue to ban the sale of foie gras, a federal appeals court ruled on Friday, in a setback for producers of the delicacy who have sought to ship it to the state.
The unanimous ruling by a three-judge panel of the 9th United States Circuit Court of Appeals upholds an earlier ruling by a district court judge. California’s ban on the food went into effect in July 2012.
Foie gras means “fatty liver” in French. Prized for its rich flavor and smooth texture, the delicacy is produced by force-feeding corn to ducks and geese to enlarge their livers, which are harvested to make gourmet dishes. Animal rights groups contend that the force-feeding process is painful, gruesome and inhumane.
Los Angeles-based Hot’s Restaurant Group, Canada’s Association des Eleveurs de Canards et d’Oies du Quebec and New York producer Hudson Valley Foie Gras challenged the ban in a lawsuit filed last year.
They argued the state’s law banning the sale of foie gras is vague because it lacks specifics on how much food a bird can be fed. But Judge Harry Pregerson in the appeals court’s 27-page opinion dismissed that argument.
The panel also dismissed the plaintiffs’ argument that the ban interferes with interstate commerce.
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