A coalition of animal rights organizations has reportedly filed a lawsuit against
the U.S. Department of Agriculture (USDA) in federal court, alleging that the
agency has violated the Poultry Products Inspection Act by allowing foie
gras to be sold to consumers. Animal Legal Defense Fund v. USDA, No. __ (C.D. Cal., filed May 9, 2012). According to the plaintiffs, “the USDA is
responsible for condemning all poultry products that come from diseased
birds. Foie gras consists of the pathologically diseased livers of ducks who are
force-fed massive amounts of grain, inducing the disease of hepatic lipidosis,
which causes their livers to swell to ten times their normal size.”

The organizations have petitioned the agency in the past to require warning labels that would state “NOTICE: Foie gras products are derived from diseased birds.” And they now cite a recent study that purportedly linked the consumption of foie gras to secondary amyloidosis, a potentially fatal human disease of particular danger to those with chronic inflammatory disease. See Huffington Post and Farm Sanctuary and Animal Legal Defense Fund Press Releases, May 9, 2012.

Meanwhile, some 100 California chefs have apparently petitioned the state assembly seeking to overturn a foie gras production ban enacted in 2004 that takes effect July 1. Some of the chefs apparently believe the prohibition will trigger a black market in the state; they also oppose government mandates of this nature. Chicago tried to prohibit the sale of foie gras, according to a news source, but city chefs were able to defeat it by giving away free foie gras. Additional information about the Chicago ban appears in Issue 182 of this Update. California’s legislative leaders have reportedly indicated that they do not intend to repeal the law. Democratic Party Chair John Burton, who supported the legislation, was apparently surprised about the protest, wondering what had taken the chefs so long to take action. See The Washington Post, May 3, 2012; UPI.com, May 6, 2012.

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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