A federal court in California has determined that Asian-American interest
organizations have not sustained their burden of showing that they are
entitled to preliminarily enjoin the shark fin ban that took effect January 1,
2012, in the state. Chinatown Neighborhood Ass’n v. Brown, No. 12-3759 (N.D. Cal., decided January 2, 2013). Additional details about the case appear in Issue 447 of this Update.

The court found that the plaintiffs were unlikely to prevail on their claims of
discrimination against the Chinese-American community that uses shark fins
in traditional dishes served at many banquets and special events. Finding
that the state had a rational basis to impose limits on shark finning and that
the state regulations did not overlap federal restrictions, the court denied the
plaintiffs’ motion for a preliminary injunction.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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