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Taken together, these animal rights lawsuits against foie gras producers and sellers appear designed largely to distract and to chill opposition to the foie gras ban. After all, at least two of the defendants in the aforementioned lawsuits, Hot’s Kitchen and Hudson Valley Foie Gras, are also plaintiffs in the principal lawsuit seeking to overturn California’s ban.
But this chicanery won’t succeed because, as I’ve written before, the ban itself cannot stand.
If California’s foie gras ban were in any way enforceable, then it would be enforced. But the law—even if it did not suffer from obvious and fatal defects—isn’t enforceable. And every lawsuit an animal rights group launches against a restaurant, foie gras producer, or the federal government makes this fact more and more clear.