The Ninth US Circuit Court of Appeals upheld a 2020 lower court ruling that said Californians can order foie gras from out-of-state producers and have it sent by a third-party delivery service.

The ruling only applies to people who buy foie gras for individual consumption. The 2012 state law still bans foie gras production in California while restaurants and retailers are forbidden to sell it or give it away.

Foie gras is made from the enlarged livers of force-fed ducks and geese. The Humane Society and other groups supported California's law, arguing the process constituted cruelty to animals.

Producers argued the force-feeding process mimicked something that happens in the wild, when ducks and geese overeat to store up extra nutrition for their long annual migration.

The law was challenged by producers, including New York-based Hudson Valley Foie Gras, which said it lost nearly one-third of its total sales when the ban took effect.

In a 3-0 ruling, the appellate panel upheld the previous ruling .

Foie gras production is banned in many countries, including the UK, much of Europe and Australia.

Australian Associated Press