On October 19, 2019, and December 4, 2019, we blogged about the North American Meat Institute’s challenge to California Proposition 12. Proposition 12 prohibits the sale in California of pork or veal derived from animals confined in conditions that do not comply with the strict California standards. It builds on the previous ban on the sale of eggs discussed in Association des Eleveurs de Canards et d’Oies du Quebec v. Harris, 870 F.3d 1140 (9th Cir. 2017) (the foie gras case), about which we blogged on May 29, 2018.
As we reported on December 4, 2019, the District Court denied NAMI’s motion for preliminary injunction. On October 15, 2020, the Ninth Circuit affirmed in a short, per curiam opinion.
The Ninth Circuit panel held that NAMI had presented no evidence that the purpose of the statute was to discriminate against out-of-state businesses. It also held that Proposition 12 does not have a discriminatory effect because “it treats in-state meat producers the same as out-of-state producers.”
Continue Reading Update on California Proposition 12
