Foie gras can again be legally shipped to Californians for consumption at home, according to a new ruling. But diners won’t find the fatty goose and duck livers back on restaurant menus.
U.S. District Judge Stephen V. Wilson ruled Tuesday in Los Angeles that the sale of foie gras doesn’t violate the law if the seller is located outside of California and the product is brought into the state by a third-party delivery service, the Associated Press reported, adding that the California attorney general’s office is reviewing the decision.
However, foie gras still can’t legally be resold — which means restaurant sales are prohibited, according to attorneys for both the plaintiffs and defendants.
Wilson’s decision comes more than a year after the U.S. Supreme Court declined to hear an appeal by farms that raise the engorged geese and ducks for the luxury pâté. That sent the issue back to the lower court in January 2019. Since then, New York state and Canadian producers had pursued their case.
Both sides declared victory after the ruling.
The Animal Protection and Rescue League, a San Diego-based group that advocated for the ban, has maintained that the force-feeding of the birds is a cruel practice. Attorney Bryan Pease called the decision a “last-ditch effort” by Hudson Valley Foie Gras to get around an earlier Ninth Circuit ruling about the feeding practice. “In the meantime,” he said, “New York City has passed a similar ban, and we hope other cities and states will do so as well.”
Marcus Henley, vice president of Hudson Valley Foie Gras, said in a statement: “We are gratified that the court recognized that California’s misguided ban was never intended to apply to foie gras products from out‐of‐state producers.” Hudson Valley was among the producers who saw a big decline in sales because of the shipping ban.
The issue of whether foie gras can be produced and/or sold in California had been simmering in courts for years.
California’s ban on the production and sale of foie gras (pronounced fwah grah) originally went into effect July 1, 2012, eight years after SB 1520 (by then-Sen. John Burton) was signed into law by then-Gov. Arnold Schwarzenegger, in 2004.
The long lead time was intended to give the state’s sole producer, Sonoma Foie Gras, ample time to “modify its business practices.” However, the law also applied to the sale here of foie gras produced outside California.
In 2012, fans of the delicacy were given 100 days’ notice before the prohibition started, and they flocked to foie gras dinners throughout the Bay Area. During the prohibition period afterward, some chefs got around the law, which specifically forbade the sale of foie gras, by giving it away. But they risked demonstrations by animal rights protesters when doing so.
Farmers in Canada and New York and a restaurant then challenged part of the law that banned liver produced out of state from being sold, which led to a resumption of foie gras dishes being served in California restaurants. The ban went back into effect after the Supreme Court decided not to hear the case, pending action in the lower court.
The Humane Society of the United States said Wednesday that the group expects this will be the end of litigation on the matter. “Yesterday’s decision unequivocally upheld California’s foie gras law, confirming that it remains illegal to sell foie gras in California — including, explicitly, foie gras sales by restaurants. The ruling also confirms and clarifies what has been true since the law’s inception: that it was never designed to apply to personal possession and consumption of foie gras within California.”
The Associated Press contributed to this report.