Appellate court upholds California foie gras ban
September 2, 2013
A federal appellate court upheld California’s ban on the sale of foie gras last week. [LA Times]
Foie gras is fatty liver produced by the force-feeding of birds, typically ducks or geese.
California banned the force-feeding of birds to fatten the liver, as well as the sale of foie gras. The ban took effect on July 1, 2012.
Following the ban, out of state foie gras producers and a California restaurant group challenged the law in court, claiming it was unconstitutionally vague and it regulated interstate commerce.
On Friday, a three-judge panel of U.S. 9th Circuit Court of Appels upheld a district judge’s refusal to block the law, stating that it was constitutional.
The law applies to both “California entities and out-of-state entities and precludes sales within California of products produced by force feeding birds, regardless of where the force feeding occurred,” the panel wrote. “Otherwise, California entities could obtain foie gras produced out of state and sell it in California.”
The panel added that California clearly banned the sale of foie gras to “prevent complicity in a practice that it deemed cruel to animals.”