9th Cir.;
15-55192

The court of appeals reversed a judgment and remanded. The court held that federal law did not preempt California state law banning the sale of foie gras produced by the force-feeding of ducks or geese.

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, as well as the in-state sale of products made elsewhere from birds force-fed in such a manner. Plaintiffs, an association of Canadian duck and geese farmers that produce foie gras and a California restaurant that sells foie gras, filed suit challenging Cal. Health & Saf. Code §25981, which bans the sale of products from force-fed birds, arguing it was preempted by the Poultry Products Inspection Act (PPIA).