California's foie gras ban reinstated by appeals court

Farmers and restaurant owners vow to fight new ruling

Peta protesting against foie gras production in Paris in 2012 (Getty Images)

California’s ban on foie gras has been reinstated by a federal appeals court, a judgement celebrated by animal rights activists.

The controversial food is produced by force-feeding a duck or goose with a tube to specially fatten its liver by up to 10 times its normal size.

California’s legislature initially banned the state’s farmers from force-feeding birds in 2004, ruling that the process was unnecessarily cruel. However, the law was not implemented until 2011.

However, foie gras produced outside California was still sold in its restaurants and supermarkets.

Farmers groups in the state mounted a successful legal challenge from farmers’ groups, who argued that the ban was superseded by federal law.

The Poultry Products Inspection Act prevents individual states requiring products to have packaging, labelling or ingredient requirements which differ from federal standards.

But in this case, the appeals court judges' ultimately ruled that the ban on foie gras concerned a production process rather than an ingredient, and was compatible with federal law.

The ban will not be implemented immediately, in order to give restaurant owners and other retailers time to adjust to the new restrictions.

The news was celebrated by the People for the Ethical Treatment of Animals (PETA), which said in a statement: “The champagne corks are popping at PETA because the United States Court of Appeals for the Ninth Circuit has rightly held that California’s foie gras ban was not preempted by federal law, thereby reinstating the law that prohibits selling the diseased livers of birds who were overfed forcibly through a tube that was rammed down their throats.

“PETA has protested against this practice for years, showing videos of geese being force-fed that no one but the most callous chefs could stomach and revealing that foie gras is torture on toast and unimaginably cruel.

“Now, the court has agreed that California can prohibit its sale. PETA reminds everyone that faux gras, which can be eaten with a clear conscience, is readily available.”

Meanwhile, foie gras producers and restaurants reacted angrily to the news.

Marcus Henley, the manager at Hudson Valley Foie Gras in New York, said in an email to the Los Angeles Times, “We will appeal. This process may take months. Until this appeal is completed, the law and the ban are not implemented and foie gras is legal to sell and serve in California.”

Michael Tenenbaum, the Attorney acting for the group of farmers and restaurateurs, added that he would be seeking a review and will lodge a further appeal with the US Supreme Court if necessary.