Health

Foie gras is a food product made from the liver of a duck or goose. To create it, the duck or goose is force-fed a special mix of food which causes a large buildup of fat in the bird's liver. This gives the product its signature taste. Plaintiffs, Animal Legal Defense Fund, comprised of four animal rights organizations and three individuals. The Defendant, United States Department of Agriculture, comprised of the Food Safety and Inspection Services (FSIS), and two individuals. Plaintiff Animal Legal Defense Fund asked Defendant (FSIS) to initiate rulemaking under the Poultry Products Inspection Act (PPIA) “to exclude Foie gras from the food supply as an adulterated and diseased product.” They argued that the force-feeding process could cause infections and illnesses for the animals and the consumption of the birds could trigger the onset of illness and disease in humans. FSIS denied the petition to ban the food product. The Plaintiff Animal Legal Defense Fund then filed this action for judicial review. Defendant FSIS argued that the Plaintiffs lacked Article III standing, that the PPIA does not protect the interests asserted by the animal rights organizations, and that in any event, FSIS acted within its discretion in denying the petition. The United States District Court, C.D. California concluded that the Plaintiff, Animal Legal Defense Fund had standing to bring this action and that their interests fell within the “zone” of interests protected by the PPIA. However, the Court also held that Defendants, United States Department of Agriculture, did not act arbitrarily, capriciously, or contrary to law in denying the petition. Accordingly, the Court Granted the Defendants' Motion for Summary Judgment, and Denied Plaintiffs' Motion for Summary Judgment.