A Federal Court rejected a challenge to the California ban on foie gras production and sale in the state.  In 2013 the Ninth Circuit ruled that the ban did not violate the Commerce Clause of the U.S. Constitution affirming the right of the California legislature in 2004 to regulate activity within its state.

Producers of foie gras have expended a considerable amount of time and legal fees in attempting to overturn the ban citing Federal poultry products laws, and more recently the Commerce Clause.

In the most recent verdict, the Federal Court stated that producers could comply with both Federal and state law by simply labeling their product in accordance with Federal Rules and withdrawing from the market in California.

According to press reports, the decision creates a precedent by which state legislators can set standards for welfare within their states.  Accordingly, challenges to California Proposition #12 will be unsuccessful. Regulations framed in accordance with California Proposition #2 enacted in 2008, are enforceable and the welfare laws themselves are constitutional.