By: Mark A. Cobb
Admittedly, this is a little off-topic, but we have been keeping an eye on California’s ban on fois gras; this new legislation (California SB 1520) took effect on July 1, and it prohibits the production of fois gras as well as the sale of foie gras in California. In other words, restaurants in California can no longer serve fois gras, and a violation of the prohibition can result in a $1,000 a day fine!
On July 2nd–the day after the law went into effect–a lawsuit was filed in the Los Angeles Federal District Court on behalf of Canadian foie gras exporters, a NY state-based foie gras producer and a Southern Californian restaurateur claiming that the law is vague and violates the U.S. constitutional commerce clause. You can read the full text of Association Des Éleveurs de Canards et D’Oies de Québec, HVFG, LLC and Hot’s Restaurant Group, Inc. v. State of California here. In addition to requesting a permanent ruling on these points, the lawsuit also asks the judge to issue a preliminary injunction prohibiting the enforcement of the foie gras ban.
It may be a few weeks before the judge reviews the lawsuit and decides about the preliminary injunction; but, stay tuned, as we’ll continue to keep you posted on further developments.