Foie Gras In Legal Limbo
The United States Supreme Count declined to hear the California foie gras ban case, which most recently was reversed from its previous legal victory. The practical impact of the Supreme Court’s decision this week not to hear the foie gras farmers’ appeal is that the case has been returned to the federal district court, where it will move forward, but California will now be able to enforce its attempt to ban foie gras. While the law itself is a vague mess (and was already once found to be unconstitutional), we believe that the safest policy for the time being is to not sell any foie gras products in California. To avoid even the threat of litigation, the farmers will not be supplying foie gras to customers in California until further notice. No one wants to incur the distraction and significant expense of even a nuisance lawsuit from publicity-seeking prosecutors or animal rights extremists.
Meanwhile, the farmers are already preparing new court filings to obtain another injunction, and we will certainly keep you updated on those developments in the coming months. Please see the official CHEFS Statement on the Court’s decision here.