The 9th Circuit Court of Appeals Friday upheld a lower court ruling that shot down a challenge to the ban on foie gras produced from force-fed ducks or geese.
Industry associations and the Hot's restaurant challenged the ban, which was passed in 2005, as vague and unconstitutional. The 9th Circuit panel said in a unanimous decision the state was within its right to ban foie gras produced specifically by force-feeding birds, Courthouse News Service said.
Foie gras is a delicacy consisting of duck or goose livers that have grown beyond normal size, often through a tube-feeding process known as "gavage."
The court determined the ban did not violate the interstate commerce clause in the Constitution because other types of foie gras can be sold in California, and the ban does not apply to other products from force-fed birds such as meat or goose down.
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