Humane Society Lacks Standing to Challenge Foie Gras Rules, Says State Appeals Court

A New York appeals court has dismissed a lawsuit that sought a declaration from the state agricultural department that foie gras is an adulterated food product which poses a risk to human health. In re: Humane Soc’y of the U.S., Inc. v. Brennan, No. 506189 (N.Y. App. Div., decided June 18, 2009). According to the court, the plaintiff lacked standing to bring the suit.

The Humane Society and other interested parties had unsuccessfully petitioned the Commissioner of Agriculture and Markets to issue an adulterated food product declaration as to foie gras. A trial court dismissed the plaintiffs’ subsequent declaratory judgment action for lack of standing, and they appealed.

According to the appeals court, to establish standing, “petitioners were required to demonstrate that the Commissioner’s declination to issue a declaratory ruling caused them an injury-in-fact different from the general public.” The court noted that commission declaratory rulings are discretionary and stated, “even assuming that force-feeding ducks caused the birds to become diseased animals, rendering their harvested livers adulterated food products,” because the commissioner timely responded to plaintiffs’ request, the plaintiffs did not “suffer an injury within the zone of interests protected by” the state’s administrative procedure law.