Judge lifts ban on foie gras in California, animal rights groups slam decision

Animal rights groups called the practice -- which involves force feeding a duck or goose to fatten its liver -- animal cruelty.

Foie gras is back on the menu in California after a federal judge lifted the ban on fatty goose liver.

U.S. District Judge Stephen V. Wilson on Wednesday struck down the ban, which took effect in 2012, declaring that the federal government can supersede the state government in this case, according to the Associated Press.

Animal rights groups slam the practice as animal cruelty, as it involves forcibly fattening the geese by pumping food into their stomachs. They urged the state’s attorney general to appeal the ruling.

Immediately, producers began to ship foie gras over night from Canada and New York to the Sunshine State, with expectations that it would be back on California menus by today and the weekend.

State lawmakers first opted to block force-feeding birds with a tube in California in 2004, a law that remains in place. However, a second part of the law, which banned the state from serving the delicacy if it came out of state, was challenged. Specifically, they challenge whether California has the authority to impose regulations beyond state borders.

The judge eventually ruled that the state law was pre-empted by the federal Poultry Products Inspection Act, which prevents labeling and packaging products different from federal standards.

The judge weighed the question of whether the ban was on an ingredient or the process, ultimately rejecting California’s argument that the ban was on products created by a certain process, arguing that the state was attempting to creatively phrase its law in order to get around the distinction.

Foie gras, which is French for “fat liver,” is made from the liver of a duck or goose that has been fattened intentionally, typically by using a feeding tube to force-feed the animal. It is a process known as gavage. Occasionally, it has been done through natural feeding.

It is a popular delicacy, with a flavor described as rich and buttery, much more so than that of a regular liver. It is usually served along with another food item, such as steak. The French have defended it as a cultural food item.