Association Des Eleveurs De Canards Et D'Oies Du Quebec v. Harris

Plaintiffs produce and sell foie gras, a delicacy made from fattened duck liver. To produce their foie gras, Plaintiffs feed their ducks through a tube inserted directly in the ducks’ esophagi. In July 2012, California Health & Safety Code § 25982 came into effect. The statute bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size. We are called upon to review the district court’s denial of Plaintiffs’ motion to preliminarily enjoin the State from enforcing § 25982. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

FACTUAL BACKGROUND

Appellants Association des Éleveurs de Canards et d’Oies du Québec (the “Canadian Farmers”) and HVFG LLC (“Hudson Valley”) are non-California entities that raise ducks for slaughter and are producers and sellers of foie gras. Appellant Hot’s Restaurant Group, Inc. (“Hot’s Kitchen”) is a restaurant in California that sold foie gras before § 25982 came into effect (collectively, “Plaintiffs”).

Hudson Valley and the Canadian Farmers raise Moulard ducks. Moulard ducks are a hybrid of Muscovy male ducks and Pekin female ducks. They are bred for their capacity of ingestion…