Foie Gras can be sold in California, but not manufactured in California.
On January 7, 2015, U.S. District Judge Stephen V. Wilson held on remand that the portion of California’s law banning the sale of foie gras within the state (California Health and Safety Code § 25982) was preempted by the federal Poultry Products Inspection Act, and enjoined the California Attorney Generalfrom enforcing it. The case is again on appeal to the Ninth Circuit.[30 https://www.scribd.com/document/251981067/Foie-Gras-brief
In August 2013, the court, in a 3-0 decision, upheld the denial of the preliminary injunction [by Aniaml groups] finding that the law likely violated neither the Due Process Clausenor the Commerce Clause of the U.S. Constitution as asserted by the plaintiffs.
Five animal welfare organizations (the “Proposed Defendant Intervenors”) (Farm Sanctuary,Animal Legal Defense Fund, the Marin Humane Society, the Humane Society of the United States, and the Humane Society Veterinary Medical Association) who are sponsors of the challenged law had petitioned to be accepted as defendant intervenors in the case.
Judge Wilson denied their petition. On September 7, 2012, the Proposed Defendant Intervenors (the appellants) filed an appeal with the Court of Appeals for the Ninth Circuit. The appellants are appealing Judge Wilson’s ruling that excluded them from the case.
In January 2014, the Ninth Circuit Court of Appeals denied a request by foie gras proponents to reconsider their challenge to the law.