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Court dismisses USDA foie gras lawsuit

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Recently slaughtered ducks are kept cold before the livers are removed in preparation of foie gras at Hudson Valley Farms in Ferndale, New York. Photo: Bloomberg

Remember May 2012 (the beginning of the Summer of Foie), when the Animal Legal Defense Fund (ALDF) sued the U.S. Department of Agriculture (USDA), claiming that foie gras is a diseased product unfit for human consumption? In essence, the ALDF was asking the judicial system to order the USDA to remove foie gras from the American food supply.

On Friday, United States District Judge Otis Wright finally dismissed the case, with prejudice. According to the judge, the ALDF — the same animal rights organization that just sued Ken Frank of La Toque this month — was asking to ban foie gras “under existing laws and regulations,” as opposed to a request “to make new rules or modify existing rules.” But foie gras is already regulated by the USDA under laws.

One key snippet from the judge’s ruling:

Plaintiffs’ voluminous submission of technical papers and data supports the Court’s view that Plaintiffs are challenging a scientific conclusion and not a legal one. The USDA’s denial of Plaintiffs’ petition shows that it disagrees with Plaintiffs’ viewpoint that force-fed foie gras is adulterated or diseased: the USDA reaffirms that it is not.

Thus, the judge writes that “this an issue falling squarely under the USDA’s discretion by law” and hence, the ALDF is not entitled to judicial review.

The full ruling document, which is public record:

(Click here if you can’t see the above PDF)

· Previously: All foie gras coverage [Inside Scoop]


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