Foie Gras Ban Upheld By California Court

The foie gras ban was upheld by a federal appeals court in California. The ninth US Circuit Court of Appeals will still hear the case. However, they have already made their opinion clear.

In July 2012, California lawmakers banned the production and sale of foie gras. The ban includes sale of products from other states.

As reported by The Humane Society, foie gras is French for “fatty liver.” The duck liver is produced by force feeding. The ducks are force-fed until their liver grows several times larger than usual.

The production of fatty duck liver is considered cruel for numerous reasons. The tubes can cause injury to the birds, and the enlarged liver can make it difficult for ducks to walk and breathe.

Critics also complain about the ducks’ living conditions. Some producers house the ducks in small enclosures, which prevent exercise.

The sale of foie gras is prohibited in several countries. However, California is the only state in the US that bans the production and sale of fatty duck liver.

Despite criticism of the feeding procedure, foie gras is considered a delicacy.

As reported by CS Monitor, Marcus Henley of the Hudson Valley farm is fighting against the California law. He contends that “nobody is being harmed by foie gras.”

California lawmakers disagree. The ninth US Circuit Court of Appeals agreed to uphold the ban while they hear Henley’s case. They have also expressed that they are unlikely to change the law.

Henley and his colleagues contend that the ban is illegal. They argue that the law impedes their right to commerce, and is far too vague.

The appeals court responded to the complaint, stating that the foie gras producers “failed to raise a serious question that they are likely to succeed.”

Essentially, the appeals court doubts the producers have enough evidence that the foie gras ban is unconstitutional.

[Image via Wikimedia]