California’s foie gras ban was upheld this week by U.S. Central District of California Court Judge Stephen V. Wilson, however, the caveat is that if the transaction takes place out of state, and if the foie gras is NOT located in California at the time of purchase, it is still legal.
Foie gras, which is made from the fattened livers of force-fed ducks and geese, can be sold to individuals in California as long as it is delivered from out of state by a third party. Ridiculous!
Ducks and geese are cruelly and inhumanely force-fed through tubes shoved down their throats so that their livers are painfully enlarged up to 10 times their normal size.
As previously reported by WAN, California’s ban has been subject to a prolonged legal challenge by the foie gras industry since lawmakers placed a ban on the production and sale of foie gras in 2004. The law went into effect in 2012. In January 2019, the United States Supreme Court, for the second time, denied the foie gras industry’s plea to take its case.
The foie gras industry responded by filing yet another amended complaint to challenge the constitutionality of the law, which was subsequently dismissed in January of this year.
However, the court left open a narrow window for the challengers to try to substantiate their request that the ban not apply to out of state producers seeking to sell foie gras to California buyers.
Unfortunately, this time, the judge agreed with the plaintiffs, comprised of out-of-state foie gras producers, who claimed that they lost nearly a third of sales due to California’s foie gras ban.
“There is no principled way to distinguish between foie gras produced out of state and transported into California by the purchaser, and that which is delivered by a third party,” Judge Wilson stated in an official court document.
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