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FILED OPINION (HARRY PREGERSON, JACQUELINE H. NGUYEN and JOHN B. OWENS) We REVERSE the district court s grant of summary judgment, VACATE the district court s permanent injunction, and REMAND the case for further proceedings consistent with this opinion. Judge: JHN Authoring. FILED AND ENTERED JUDGMENT. [10582255]

India Bans Import of Controversial Foie Gras - India Real Time - WSJ

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 1 of 19
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INDIA REAL TIME

India Bans Import of Controversial
Foie Gras
0 COMMENTS

By Atish Patel
Jul 7, 2014 7:59 pm IST

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Foie gras dishes were prepared at Hot’s Kitchen during a “Farewell Foie Gras” event on June
29, 2012 in Hermosa Beach, California. GETTY IMAGES

French foie gras is off the menu after the Indian government banned the rich, buttery liver.
https://blogs.wsj.com/indiarealtime/2014/07/07/india-bans-import-of-controversial-foie-gras/[9/12/2017 3:49:49 PM]

India Bans Import of Controversial Foie Gras - India Real Time - WSJ

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 2 of 19
Import of the controversial French delicacy is now prohibited after a complaint by an animal
rights group, an official said.
The rich buttery liver comes from a goose or duck fattened by force-feeding it. The process
remains a contentious topic among activists who want to see the practice outlawed and the
distribution of the product banned worldwide.

A notice on the Indian Directorate General of Foreign Trade’s website from July 3 simply said
the import of the fatty livers was now prohibited.
The decision takes immediate effect, said S.P. Roy, joint director general of foreign trade at the
directorate.
The ban follows a campaign launched in 2012 by a London-based animal activist group called
Animal Equality that protests cruelty toward animals.

erra
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v Spanish farm that was
Their report to the Indian government included an investigation about a 201
ards
Can er 12,
de
supplying liver to Indian restaurants, said AmrutasUbale,ptemb
veur Se a spokesperson for the Animal
s Ele
on
Equality India told The Wall ssn. dJournal.ived
Street e
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in A
2 arc
cited 15-5519
No
“We took consideration .of the fact and then we decided that this should be done,” Mr. Roy said.
While countries such as Israel, Germany and England have banned the production of foie gras,
and the U.S. state of California banned its production and consumption in 2012, India is the only
country to ban imports, according to Ms. Ubale.
“This is a positive step taken by the Indian government to end unnecessary suffering of animals.
With this, I think India will set a precedent,” she said.
It is is mostly produced in France and in recent years found a place in high-end Indian
restaurants.
Manish Mehrotra, executive chef at award-winning New Delhi restaurant Indian Accent, which
serves foie gras in two of its dishes, said he was aware of the ban but was yet to read the
government notice.
“Now there’s a ban, let us see what the situation will be in terms of supply,” he told The Wall
https://blogs.wsj.com/indiarealtime/2014/07/07/india-bans-import-of-controversial-foie-gras/[9/12/2017 3:49:49 PM]

India Bans Import of Controversial Foie Gras - India Real Time - WSJ

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 3 of 19
Street Journal. “If it is a government rule, then we will not use it,” he added.
Atish Patel is a multimedia journalist based in Delhi. You can follow him on
Twitter @atishpatel.

Share this: http://on.wsj.com/1oe2hR1

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This Spanish Farm Makes Foie Gras Without Force-Feeding : The Salt : NPR

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 12 of 19
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This Spanish Farm Makes Foie Gras Without
Force-Feeding
August 1, 2016 · 4:27 PM ET
Heard on All Things Considered
LAUREN FRAYER

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Transcript

The farm's green rolling hills are covered with olive, oak, fruit and nut trees, which provide ample food for migrating
geese.
Lauren Frayer for NPR

A five-hour drive southwest of Madrid, I pull into a tiny town square filled with
http://www.npr.org/sections/thesalt/2016/08/01/487088946/this-spanish-farm-makes-foie-gras-without-force-feeding[9/12/2017 3:58:49 PM]

This Spanish Farm Makes Foie Gras Without Force-Feeding : The Salt : NPR

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 13 of 19

songbirds and an outsized Catholic church — where Eduardo Sousa and Diego
Labourdette are waiting.
They're an odd couple. Sousa is a jovial fifth-generation Spanish farmer.
Labourdette is a soft-spoken academic — an ecologist and migratory bird expert
— who teaches at a university in Madrid. But they're in business together — in the
foie gras business.

In 2013, Sousa and Labourdette teamed up to market an ethical, sustainable way
of making foie gras — the fatty goose or duck liver that's a delicacy in Europe.
Most foie gras is the result of gavage, or force-feeding. Producers force tubes
down geese's throats and pump the birds' stomachs with more grain over the
course of a couple weeks than they would normally eat in a lifetime. As a result,
their livers grow 10 times bigger, with large deposits of fat — which is what makes
foie gras so rich. But this practice is banned in at least 20 countries.

cerra
17
2, 20
1

Sousa and Labourdette figured out how to ditchsthe Be
v.

d
anar
m
epte

force-feeding — their product is madee C wild r
rs d from be

eu
Elev on S
sSpaineonce a year to gorge
geese who touch down in
d
. de
Assn 2 archiv
in acorns9
themselvesdon 551 and olives before flying south
cite 15No.
for the winter.
They have since become darlings in the culinary
world.
"The market for foie gras is incredible — France

makes millions of kilos a year," Sousa explains as we

Diego Labourdette (left) and

amble around his 1,200-acre goose farm just outside

Eduardo Sousa are business

of Pallares, Spain. "That's another world from what
we do here."

partners — together they run a
1,200-acre goose farm just outside
of Pallares, Spain.
Lauren Frayer for NPR

The duo set out to commercially produce foie gras in
a natural, sustainable way. But Sousa says their
technique is nothing new: It was used in Spain more than 500 years ago, before
the Spanish Inquisition.

http://www.npr.org/sections/thesalt/2016/08/01/487088946/this-spanish-farm-makes-foie-gras-without-force-feeding[9/12/2017 3:58:49 PM]

This Spanish Farm Makes Foie Gras Without Force-Feeding : The Salt : NPR

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 14 of 19

"In 1492, Spain expelled the Jewish family that lived on this land, and the church
took their property," Sousa explains. "Three hundred years later, my family
bought it from the church, and we revived the old Jewish family's tradition. They
used to raise geese on this land."
As he walks among rolling green hills, dotted with olive trees and oaks, Sousa calls
out to his approximately 2,000 geese as if they were children. The geese here
roam free — they're not housed in coops. In fact, the farm hardly has any
buildings at all. Instead of force-feeding, the geese fatten themselves up naturally
— doubling their body weight in just a few weeks to prepare for their annual
migration.
"The natural cycle for the wild goose of Europe is to

THE SALT

spend the summer in Denmark, Sweden, Norway,

Out Of the
Shadows And
Onto Menus:
Foie Gras Is
Back In
California

northern Germany or parts of Russia and Ukraine.

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ards
Labourdette explains. "They stop here in Spain on12, 201
Can er
s de temb
veur the long flight.
their way, to eat and gain energy for Sep
Ele
n
. des hived o
sn leave because they find such a good habitat here."
But lots of them never 2 arc
in As
cited 15-5519
No.
Then they migrate south to Africa each autumn,"

Geese are adaptable, he says, and they eat whatever the environment provides.
Foie gras from Denmark has a fishy taste, because the geese eat seafood there.
Here in Spain, they feed on calorie-rich acorns, olives, figs and seeds.
Unlike big commercial foie gras farms, where geese are slaughtered every few
weeks for their livers, this farm slaughters once a year — usually in October —
with the first chill of autumn, on the night of the new moon.
Sousa shows me into a little stone house on his property where the foie gras is
actually made. He uses the word "sacrifice" to describe the killing of geese.
"We paralyze them with flashlights. They become
hypnotized, when they're confronted with such
bright light at night," he says. "It's an ancient
practice. Hunters here use the same tactic. The birds

http://www.npr.org/sections/thesalt/2016/08/01/487088946/this-spanish-farm-makes-foie-gras-without-force-feeding[9/12/2017 3:58:49 PM]

This Spanish Farm Makes Foie Gras Without Force-Feeding : The Salt : NPR

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 15 of 19

seem like they're asleep. Then we sacrifice them with
a knife. It happens very quickly, and they don't
suffer."
Feathers are plucked for goose down. Some of the
meat is cured. And the goose livers are seasoned and
boiled whole for about 20 minutes in glass jars — the
same jars in which they're sold.

A sampling of all the goose meat
products Sousa makes on his
farm.
Lauren Frayer for NPR

Sousa invites me into his farmhouse to try some of
last fall's batch. The farm's caretaker strums flamenco on his guitar as we gather

erra
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e it somehow tastes even better, because
The foie gras is smooth and rich.uTo d
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mb
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o
I'm on this farm where es made, watching mist roll down over green hills. Its
sn. d it'srchived
As
in
2a
flavor hasehints5-5all 9 wild herbs, olives and fruits the geese have eaten on
cit d 1 of 51 the
No.
around a wooden table.

these hills.

"Songs have the smell and flavor of the land they're from... just like our geese,"
says Domingo Diaz Escudero — the farm caretaker and flamenco singer. "They're
part of nature."
In 2006, this farm's foie gras won the Coup de Coeur, a coveted French
gastronomy award (it's like the Olympics for foodies.) That caught the attention of
famous New York chef Dan Barber, who visited Eduardo Sousa's farm.
"I went to Spain a few months ago and I had the best foie gras of my life," Barber
said in a TED Talk afterwards. "The best culinary experience of my life. Because
what I saw, I'm convinced, is the future of cooking."
Barber described the utter simplicity of how this foie gras is made. He called it

http://www.npr.org/sections/thesalt/2016/08/01/487088946/this-spanish-farm-makes-foie-gras-without-force-feeding[9/12/2017 3:58:49 PM]

This Spanish Farm Makes Foie Gras Without Force-Feeding : The Salt : NPR

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 16 of 19

transformative and sustainable. He also wrote about it in his latest book, The
Third Plate. And Sousa's sales skyrocketed.
"This was always just a hobby for my family," Sousa says. "But ever since the visit
of Dan Barber, I've started getting orders for my foie gras from all over the

world."
He sells every gram of foie gras he makes — and there's quite a long waiting list. A
small jar costs €200 (about $220), because it's produced only once a year — from
about 1,600 geese every autumn — which allows for the natural re-population of
his flock, and plenty of food for the others. He takes only what nature allows.

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A jar of Sousa's foie gras costs €200 — about $220.
Lauren Frayer for NPR

Sousa recently signed a deal with Celebrity Cruises to provide foie gras on highend ships. Anyone can buy from Sousa's website, but the only place you can
purchase his product in-person is at a family storefront in a tiny village called
Fuente de Cantos, near the Spain-Portugal border.
Sousa takes me there, and just as we arrive, we meet a Spanish-American couple

http://www.npr.org/sections/thesalt/2016/08/01/487088946/this-spanish-farm-makes-foie-gras-without-force-feeding[9/12/2017 3:58:49 PM]

This Spanish Farm Makes Foie Gras Without Force-Feeding : The Salt : NPR

Case: 15-55192, 09/15/2017, ID: 10582255, DktEntry: 48-2, Page 17 of 19

who've made a sort of pilgrimage there from San Francisco.

"We watched it on TED Talks and then I made [my boyfriend] stop here on the
way to Madrid," says Alegra Cabellon. "I'm really excited to see the product."
She says she's a fan of Dan Barber, and wanted to taste the thing he couldn't stop
raving about.
Cabellon takes a selfie with Sousa and buys several jars of his foie gras. She'll
have to eat it before she heads home though. Customs rules won't allow her to
bring it into the United States. This foie gras is sold, for now, in Europe only —
but Sousa is awaiting a certificate to sell it in America soon.
geese

foie gras

dan barber

eduardo sousa

spain

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cited 15-5519
Come and get it! Chew on the latest food news from the team at The Salt as we dig into
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