Ninth Circuit Narrowly Upholds Foie Gras Ban

Pooja Nair, Chair of ECJ’s Food, Beverage and Hospitality Department, recently published an article for Modern Restaurant Management magazine on the Ninth Circuit's challenge to California’s ban on foie gras. 

This article discusses whether or not California's ban on foie gras is in violation of the dormant Commerce Clause. The panel ruled 2-1 that the foie gras ban was not preempted by federal law and did not violate the dormant Commerce Clause. Pooja continues to explain that two of the three judges on the panel held that "California’s foie gras ban was neither a command to market non-force-fed products as foie gras nor to call force-fed products something that would violate federal naming provisions" and therefore it was not preempted by federal law. 

Click here to read Pooja's full article. 

Modern Restaurant Management magazine is a go-to resource for on-the-go restaurant-industry professionals. Focused on all aspects of restaurant management news —the business of eating— the online magazine posts news items daily, incorporates profiles, trends and expert advice to offer valuable content to this niche.