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· 8/30/2013

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

Citations

  • 729 F.3d 937
  • 2013 WL 4615131
  • 2013 U.S. App. LEXIS 18154

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a ban on selling foie gras created by force-feeding did not discriminate against or regulate out-of-state commerce
  • holding that a statute banning the sale of any product resulting from force feeding a bird, regardless of the product’s origin, was not discriminatory
  • holding that California statute banning the sale of products from force-fed fowl was not directly discriminatory because it “applies to both California entities and out-of-state entities . . . regardless of where the force feeding occurred”
  • finding that the Attorney General may be subject to suit under Ex Parte Young
  • holding that the statute “is limited to products that are produced by force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size” and “does not prohibit the sale of duck breasts, down jackets, or other non-liver products from force-fed birds”
  • upholding California statute banning sale of products from force-fed birds, even though it affected out-of-state producers and exports from California

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Fisher, Daniel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.