Viva! International Voice for Animals v. Adidas Promotional Retail Operations, Inc.

State law prohibits the importation into or sale within California of products made from kangaroo. (Pen. Code, § 653o.) Defendant adidas Promotional Retail Operations, Inc., concedes it imports into and sells in California athletic shoes made from kangaroo hide, but argues Penal Code section 653o is preempted because it conflicts with federal policies intended to influence Australian kangaroo management practices. As section 653o poses no obstacle to any current federal policy, we conclude it is not preempted, and we reverse the Court of Appeal’s contrary judgment.

Factual and Procedural Background

The material facts are undisputed. Defendants adidas Promotional Retail Operations, Inc., Sport Chalet, and Offside Soccer (collectively Adidas) are California retailers that sell athletic shoes made from kangaroo leather imported from Australia. Specifically, Adidas sells athletic shoes made from the hides of three kangaroo species: the red kangaroo (Macropus rufus), the eastern grey kangaroo (Macropus giganteus), and the western grey kangaroo (Macropus fuliginosus). Kangaroos are indigenous to Australia and New Guinea; the three species at issue here exist only in…