A federal court has reportedly denied the request of Canadian and U.S. foie gras producers to preliminarily enjoin the enforcement of California’s law barring the sale of food products made from force-feeding birds. Association des Éleveurs de Canards et d’Oies du Québec v. Harris, No. 12-5735 (U.S. Dist. Ct., C.D. Cal., order entered September 19, 2012). More information about the case appears in Issue 446 of this Update. According to a news source, the court will issue a formal ruling on its denial of injunctive relief at a later date. A hearing on the state’s motion to dismiss the lawsuit is scheduled for November 19. See Law360, September 20, 2012.
Tag Archives foie gras
A federal court in California has denied the ex parte request of foie gras producers to temporarily halt California’s enforcement of a ban on the sale of any product that is the result of force-feeding a bird for the purpose of enlarging its liver beyond normal size. Association des Éleveurs de Canards et d’Oies du Québec v. Harris, No. 12-5735 (C.D. Cal., order entered July 18, 2012). Additional information about the challenge to California’s foie gras ban appears in Issue 446 of this Update. The court also established a briefing schedule on the plaintiffs’ motion for preliminary injunction that will culminate in an August 29, 2012, hearing. Meanwhile, California restaurateurs have reportedly found ways around the state’s ban. A restaurant on a former military base in San Francisco, now owned by the National Park Service, apparently began offering the dish on its menu, claiming that its location on federal land makes it…
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the Wild® brand pet food, purchased from Amazon.com, and that they became ill, vomiting frequently, “which caused damage to Plaintiff’s property.” Seeking to certify a nationwide class and statewide subclass of consumers, the plaintiff alleges breach of implied and express warranty, strict products liability, violations of state consumer fraud laws, negligence, and unjust enrichment. In addition to medical monitoring, the plaintiff seeks actual damages or restitution, attorney’s fees, costs, and interest. A Canadian non-profit representing the interests of foie gras producers, a New York-based foie gras producer and a company that operates restaurants in California have…
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…
An October 15, 2011, New York Times article has covered the impending ban on foie gras sales in California, where several chefs are apparently staging swan-song dinners in honor of the fatty fare. According to the Times, a law signed eight years ago will in eight months make California the first state to criminalize foie gras, fining violators up to $1,000 per day for serving the delicacy to patrons. As a result, chefs like Ludo Lefebvre recently announced “You Gotta Fight for Your Right to Foie!” events for fans to overindulge on duck and goose livers one last time. “I want people to have the freedom to eat what they want. Animal rights people would turn everyone into a vegan if they could,” Lefebvre told the paper. “Foie gras is one of the greatest ingredients, a French delicacy. I was born and raised with foie gras. It’s like if you…
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,…
