More bad news on the California foie front as three federal judges unanimously ruled the legislation is Constitutional. The ban, which began in July 2012, was appealed by out of state foie gras producers along with a California restaurant group on the grounds that the law is "unconstitutionally vague and regulated interstate commerce."
They argued that the law attempted to ban all products from force-fed ducks, which can of course include duck meat and down. However, Judge Harry Pregerson stated, "The plain meaning of [the law] is that it applies only to a product that is produced by force feeding a bird to enlarge its liver," implying the law targeted foie gras specifically to discourage its consumption and to "prevent complicity in a practice that it deemed cruel to animals."