Foie Gras Ban Upheld By Federal Appeals Court In CA

LOS ANGELES COUNTY, CA – A federal appeals court in Pasadena today reinstated a statewide ban on the sale of foie gras, the French delicacy made from the fattened livers of force-fed ducks and geese, but the item will remain on menus until the appellate process is complete.

Diners have been able to order the pricey menu item in California since 2015 after a lower court struck down a law enacted in 2012 banning restaurants from serving the appetizer.

In its opinion, a three-judge panel of the U.S. 9th Circuit Court of Appeals rejected the plaintiffs' argument that the state sales ban was preempted by federal law regulating poultry products.

Ingrid Newkirk, president of People for the Ethical Treatment of Animals, said "champagne corks are popping" among animal rights advocates.

"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," Newkirk said. "Now, the court has agreed that California can prohibit its sale. PETA reminds everyone that faux gras -- a vegan version of the dish -- which can be eaten with a clear conscience, is readily available."

An association of foie gras producers in Canada and New York, along with a Hermosa Beach restaurant, sparked the legal battle when it challenged the law in Los Angeles federal court, arguing that it was vaguely written and interfered with interstate commerce.

The law banning the sale of foie gras -- French for "fat liver" -- and its byproducts went into effect in July 2012, but was overturned three years later. A restaurant caught serving the gourmet item in California faced fines up to $1,000.

PETA 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."

WARNING: Video may be disturbing to viewers.

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--City News Service contributed to this report/Morguefile image