Harris

ORDER DENYING DEFENDANT’S MOTION TO DISMISS [116] AND GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PREEMPTION CLAIM [117] AND PARTIAL JUDGMENT AS TO PREEMPTION CLAIM

I. INTRODUCTION

This action for declaratory and injunc-tive relief touches upon a topic impacting gourmands’ stomaches and animal-rights activists’ hearts: foie gras. Plaintiffs Association des Éleveurs de Canards et D’Oies du Québec (the “Canadian Farmers”), HVFG LLC (“Hudson Valley”), and Hot’s Restaurant Group, Inc. (“Hot’s”) 1 argue that California’s sales ban on liver from force-fed birds, Cal. Health & Safety Code § 25982 , runs afoul of federal law and the Constitution. Plaintiffs assert, inter alia, that the Poultry Products Inspection Act (“PPIA”), 21 U.S.C. §§ 451-470 , preempts § 25982. This issue boils down to one question: whether a sales ban on products containing a constituent that was produced in a particular manner is an “ingredient requirement” under the PPIA.

Presently before this Court are Defendant’s motion to dismiss, (Dkt. 116), and Plaintiffs’ motion for partial summary judgment as to their preemption claim, (Dkt. 118). For the reasons discussed below, this Court GRANTS…