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Foie Gras Lawsuit: Opponents Claim USDA Allows Sale Of 'Diseased Bird Organs'

The Huffington Post  |  By Posted: 05/09/2012 4:56 pm Updated: 05/09/2012 5:07 pm

Foie Gras Diseased Bird Organ

The foie gras debate is seemingly endless -- animal rights activists are never going to say that they support it, and it's unlikely that chefs are ever going to stop using it. As the chapters of this saga keep going, today several animal rights groups -- the Animal Legal Defense Fund, Compassion Over Killing, the Animal Protection & Rescue League, Farm Sanctuary -- have turned a new page. They are suing the USDA for violating the Poultry Products Inspection Act (PPIA) because -- as these groups claim -- foie gras is made from "diseased bird organs." Allowing the sale of it is therefore illegal, they claim.

In a blog post on The Huffington Post, Bruce Friedrich, Senior Director for Strategic Initiatives of Farm Sanctuary, explains the suit:

Our lawsuit is based on the fact that the PPIA dictates that diseased animal organs are supposed to be condemned by USDA inspectors, and foie gras is -- by definition -- a diseased organ. Thus, USDA should do its job by banning the sale of foie gras nationally.

Friedrich doesn't explain exactly why it is inherently diseased, but seems to base the assessment around the force feeding:

[T]he European Union's Scientific Committee on Animal Health found that death rates during force feeding skyrocket by 10 to 20 times; imagine any process that causes a population's death rate to be 1000 to 2000 percent greater than normal. Of course, every animal is in misery for the entire horrid ordeal. The birds who don't die suffer from impaired liver function, skeletal disorders, and other serious illnesses. Many become so sick they can barely move. Carcasses show wing fractures and severe tissue damage to the throat muscles.

The PPIA states:

It is the intent of Congress that when poultry and poultry products are condemned because of disease, the reason for condemnation in such instances shall be supported by scientific fact, information, or criteria, and such condemnation under this chapter shall be achieved through uniform inspection standards and uniform applications thereof.

However, the USDA has not recognized that foie gras is, in fact, made of "diseased bird organs," nor does everyone agree that that is the case. On the website for Sonoma Foie Gras, the company explains the foie gras production process:

Since the process of producing foie gras is physiological rather than pathological, the fattened liver, or foie gras, created by managed feeding, would return to its normal size if the process stopped.

Based on this description, the liver may be fattened, but not diseased.

Rick Bishop, the National Sales & Marketing Director for Hudson Valley Foie Gras, echoed a similar sentiment to HuffPost Food. "The USDA would not allow a diseased organ to be sold," he said. Bishop called the production of foie gras "a reversible, healthy process in an animal, beyond question." Foie gras proponents often describe the difference between a duck's gag reflex and a human's -- ducks don't have one.

Meanwhile, as the anti-foie gras advocates continue to support the upcoming California law that will outlaw the sale of foie gras, pro-foie chefs and producers are stepping up their campaign as well. Robin Wilkey of The Huffington Post reported on the actions of the Coalition for Humane and Ethical Farming Standards (CHEFS), who are working to get the state of California to reconsider to July 1 foie gras ban. A "Save Foie Gras" petition has been started, with support from some big-name chefs such as Jose Andres and Andrew Zimmern. At the James Beard Awards on Monday, several chefs and food industry professionals were sporting "Save The Foie" buttons, provided by D'Artagnan.

While it is unlikely that the USDA will outlaw foie gras on the grounds that it is a "diseased bird organ," it seems very likely that foie gras opponents -- and proponents -- are geared up for a tough fight ahead.

Photo from Flickr user: Laura Padgett

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HUFFPOST SUPER USER
Akamat Hopkins
12:25 PM on 05/14/2012
I think these chefs need to be forced fed the crap they cook. See how they like it.
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HUFFPOST SUPER USER
LibertarianCentrist
Gary Johnson 2016!
02:53 PM on 05/12/2012
The biggest problem is the misinformation surrounding this issue.

their feet are in noway nailed to the floor....in fact the ducks raised for foie gras are given 12 times the amount of space as a factory farmed chicken.

they are given zero hormones or antibiotics

100% of the duck is used... yes its liver, its breast and thigh meat, its bones, feathers and fat

a duck breathes thru two holes in its tongue and has no gag reflex.... a duck can breath and experiences no pain during the feeding process

a duck neck is lined with collagen and is designed to swallow small fish whole, a physical act no different than the tube insertion

the fattening of the liver does not kill the duck, its slaughtered ..... fact is if the feeding process discontinued the liver would return to its normal size

the feeding process takes about 2 1/2 minutes of the ducks entire life over a 14 day period.....2 1/2 minutes of its entire life, not each time, not a day.....

a ducks liver is predisposed to enlargement, and happens naturally in the wild prior to migration

a duck stomach doesn't swell like yours does when over eating, the food is stored in its gullet until processed thru its stomach

the ducks raised for foie gras live in vastly superior conditions than any factory farmed animal in this country..”
HUFFPOST SUPER USER
Akamat Hopkins
12:33 PM on 05/14/2012
Unbelievable. You believe in your own rights, but not that of others. How completely narrow minded. Not a shred of empathy. mbarpv
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HUFFPOST SUPER USER
LibertarianCentrist
Gary Johnson 2016!
12:43 PM on 05/14/2012
A duck, farmed for food DOES NOT have the same rights as a Human Being... get a grip!
09:15 PM on 05/25/2012
I would rather just ignore them. Rational argument is not going to work with fanatics.
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HUFFPOST SUPER USER
LibertarianCentrist
Gary Johnson 2016!
02:46 PM on 05/12/2012
Educate yourselves people, don't perpetuate myths and false information!!!

http://www.youtube.com/watch?v=ABeWlY0KFv8
05:54 PM on 05/10/2012
Foie gras is delicious whole or in a pate. I highly recommend Hudson Valley foie gras. I wish it were more affordable to have on a more regular basis, but let's face it, it's costly to both the wallet and to the arteries. There! I just made an adult decision without the help of legislation.
04:51 PM on 05/10/2012
As a wildlife biologist, I dispute the absurd assertion by foie gras apologists that force-feeding ducks and geese in any way mimics normal bird behavior. Free-roaming ducks eat frequent small meals to prepare for migration, they never gorge. As the days shorten, their bodies naturally begin to metabolize fat more quickly, allowing them to store extra fat in adipose tissues and muscles. These birds are not designed to metabolize fat at a high rate, as evidenced by how quickly it metabolizes in the liver, thus causing force-fed birds to quickly develop life-threatening diseases, including fatty liver disease. Yes, this is a disease and it's called hepatic steatosis. It may be artificially induced, but it is still a disease.

There is no debate in the scientific community over whether or not foie gras is a disease—the only debate comes from the people who produce, sell, cook, and eat it. They are not scientists, they are gourmands. Asking them about bird biology and behavior is rather like consulting Paula Deen about your heart condition.
09:51 PM on 05/10/2012
Absolutely!
HUFFPOST SUPER USER
olitenup
10:53 PM on 05/10/2012
Thank you!!!
04:15 PM on 05/10/2012
I am a California resident and frankly this law slid through very quietly with a minimal amount of media coverage. Now that it is about to become active, its all over the press. I intentional have gone to restaurants just to get some fioe gras while I can. Frankly, I am tired of the "Pita Bred" terrorists deciding what I can or cannot eat. For fun, go to the SF Gate story and read the local comments on John Burton, the soon to be ex-politician who pushed this through.
HUFFPOST SUPER USER
olitenup
10:56 PM on 05/10/2012
Let's hold you down, shove a pipe down your throat and gorge you full of food every day.
11:32 PM on 05/10/2012
Exactly!!
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
10:41 PM on 05/11/2012
You mean like 60% of Americans do to themselves daily?
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HUFFPOST SUPER USER
LibertarianCentrist
Gary Johnson 2016!
02:48 PM on 05/12/2012
In California's Honor, I'm going to buy half a lobe on my way home from work, pop a bottle of Sauternes, and Enjoy!
HUFFPOST SUPER USER
Akamat Hopkins
12:35 PM on 05/14/2012
Don't forget to polish your gun after you eat and drink.
HUFFPOST SUPER USER
deweaver
Scientist, businessman, semi-retired
03:55 PM on 05/10/2012
This is why we need a looser pays rules on lawsuits. It costs the activist almost nothing using in-house council to file some paperwork but will cost the tax payers a small fortune to defend.
HUFFPOST SUPER USER
animal lover 01
02:41 PM on 05/10/2012
its gross and its inhumane
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HUFFPOST SUPER USER
LibertarianCentrist
Gary Johnson 2016!
04:27 PM on 05/12/2012
YOU'RE gross and inhumane.... (Sorry, couldn't help it... you're probably very nice)
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HUFFPOST SUPER USER
gsocratesasks
Obama is keeping troops in Afghan past 2014...
01:57 PM on 05/10/2012
ButPinkslime is usda approved..lmao
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HUFFPOST SUPER USER
gsocratesasks
Obama is keeping troops in Afghan past 2014...
01:56 PM on 05/10/2012
Just don't carry it in a reusable bags.. they spread disease...
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HUFFPOST SUPER USER
gsocratesasks
Obama is keeping troops in Afghan past 2014...
01:55 PM on 05/10/2012
Foodfacists.. the left is full of them....
04:18 PM on 05/10/2012
Foodfacists would fit in very well with the extreme right wing. This lefty is tired of them both trying to regulate my freedoms.
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
10:42 PM on 05/11/2012
Of course, you need to bring your blinders to every conversation, and typically can only see things in terms of your tired little dichotomy.
01:30 PM on 05/10/2012
Friedrich and anti-foie activists like to cite a European Committee study as proof that scientists have concluded that foie gras production is cruel or painful. It hasn't. Here's what it really says:

It says that its experts have "no information about the force feeding process itself." Further, the EU/EC notes that, "There appears to be no published evidence on the effects on gross body anatomy of force feeding."

What's more, the EC report notes that "It appears that [whether or not foie gras production causes discomfort to birds] has not been investigated." Commenting on one of the few studies regarding the effects of foie gras production on bird health, the committee notes that, "None of the measures used by Faure and his colleagues (1995-1998) indicate welfare problems [arising from the force-feeding process.]"

The truth is that foie gras opponents can only argue from fallacious appeals to sentimentality because there isn't a SINGLE SHRED of evidence backing up their claims.
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HUFFPOST SUPER USER
Karl Wilder
Chef Stirring The Pot Harlem
12:49 PM on 05/10/2012
I have a simple solution. If you believe it is diseased, don't eat it.
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bizzaro birdman
The poolhall is a great equalizer
12:28 PM on 05/10/2012
Foie Gras sounds so delicious. I can't wait to try it.
HUFFPOST SUPER USER
frenchfrog
03:25 PM on 05/10/2012
it is delicious!
HUFFPOST SUPER USER
BrooklynChef
09:17 PM on 05/13/2012
It's heavenly.
12:21 PM on 05/10/2012
waterfowl naturally gorge in the fall. If they are allowed to, they gorge so much that they get enlarged livers. One of the finest foiegras being produced is done by the animals grazing and gorging on free range.

Dont believe me? http://www.youtube.com/watch?v=gvrgD0mAFoU Souza's foie gras won awards over the french gavaged foie gras.

There are so many alternatives to producing foods. But you cant produce them on the same scale.
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FaunaAndFlora
Daughter of Pan
12:32 AM on 05/11/2012
I'm gonna have to fan and fave you for that. Plus, since I got back into raising geese and ducks last year, I'd love to pick your brain. ;-)
12:31 PM on 05/14/2012
I would note that type of Foie would not be banned in California. To my understanding, the ban is only on forced feeding.