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DES ELEVEURS DE CANARDS ET D'OIES v. HARRIS

No. 12-56822.

729 F.3d 937 (2013)

ASSOCIATION DES ELEVEURS DE CANARDS ET D'OIES DU QUEBEC, a Canadian nonprofit corporation; HVFG, LLC, a New York limited liability company; Hots Restaurant Group. Inc., a California corporation, Plaintiffs-Appellants, and Gauge Outfitters, Inc., Plaintiff, v. Kamala D. HARRIS, Attorney General; Edmund G. Brown, in his official capacity as Governor of California; the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2013.

Attorney(s) appearing for the Case

Michael Tenenbaum (argued), The Tenenbaum Law Firm, Santa Monica, California, for Plaintiffs-Appellants.

Stephanie F. Zook (argued), Deputy Attorney General; Constance L. LeLouis , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Kamala D. Harris , Attorney General of California, Sacramento, California, for Defendants-Appellees.

Melissa Grant , (argued) and Arnab Banerjee , Capstone Law APC, Los Angeles, California; Tiffany Hedgpeth , Jeremy Esterkin , and Bryce Woolley , Bingham McCutchen LLP, Los Angeles, California, for Amici Curiae.

Before: HARRY PREGERSON and RAYMOND C. FISHER, Circuit Judges, and WILEY Y. DANIEL, Senior District Judge.

OPINION

PREGERSON, Circuit Judge:

Plaintiffs produce and sell foie gras, a delicacy made from fattened duck liver. To produce their foie gras, Plaintiffs feed their ducks through a tube inserted directly in the ducks' esophagi. In July 2012, California Health & Safety Code § 25982 came into effect. The statute bans the sale of products that are the result of force feeding birds to enlarge their livers beyond...

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