9th Circ. Backs Calif.'s In-State Foie Gras Sales Ban

By Lauren Berg (May 6, 2022, 7:22 PM EDT) -- The Ninth Circuit on Friday found that California's ban on the in-state sale of foie gras is neither preempted by federal law nor unconstitutional, but that certain out-of-state sales of the force-fed bird products are allowed under Golden State law.

A split three-judge panel rejected foie gras sellers' argument that it's impossible to comply with both the California law that prohibits force-feeding birds to enlarge their livers and federal law, because U.S. Department of Agriculture guidance requires foie gras to be the liver product of force-fed birds, meaning they would have to withdraw from the market, according to the opinion.

The panel majority...

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