California’s ban on the in-state sale of foie gras survived another appellate challenge, when a divided Ninth Circuit said Friday the ban isn’t preempted because of conflict with federal law and doesn’t violate the Constitution’s dormant commerce clause.
The 2004 law targeted the production of foie gras, a delicacy made from the livers of ducks or geese. It prohibits the sale in California of products that are “the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size.”
Various sellers sought to stop the sales ban.
Previously, the U.S. Court of Appeals for ...