Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Supreme Court won’t hear dispute over California law barring sale of foie gras

The Supreme Court says it won’t get involved in a dispute over a California animal cruelty law that bars foie gras from being sold in the state

Jessica Gresko
Monday 22 May 2023 20:12 BST

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The Supreme Court said Monday it won't get involved in a dispute over a California animal cruelty law that bars foie gras from being sold in the state, leaving in place a lower court ruling dismissing the case.

Foie gras is made from the enlarged livers of force-fed ducks and geese, and animal welfare groups had supported the law. As is typical, the court did not comment in declining to hear the case, and it was among many the court said Monday it would not hear.

The law doesn’t completely bar Californians from eating foie gras in the state. Courts have ruled that residents can still order foie gras from out-of-state producers and have it sent to them. Restaurants and retailers are still forbidden from selling it or giving it away, however.

The foie gras case had been on hold at the high court while the justices considered a different case involving another California animal cruelty law, that one governing the sale of pork in the state. In that case, the justices earlier this month backed that law, which requires more space for breeding pigs. The pork industry has said the ruling will lead to higher costs nationwide for pork chops and bacon.

California's foie gras law, however, predates the pork law and went into effect in July 2012. It says: “A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size.”

Farmers and producers of poultry products in Canada sued over the law along with New York-based Hudson Valley Foie Gras. The case has been going on since 2012. Most recently, a trial court dismissed the case and a federal appeals court agreed with that outcome. The Supreme Court’s decision not to step in leaves that decision in place.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in