• BREAKING NEWS ABC shows live and on-demand -- Download the WATCH ABC app!

California foie gras ban gets legal challenge

Foie gras is seen in this file photo.

July 4, 2012 12:00:00 AM PDT
California's newly-enacted ban on foie gras is already facing its first legal challenge.

The ban, which took effect July 1, prohibits products derived from force-fed birds. Foie gras is made from goose or duck livers that were enlarged by force-feeding ducks through funnel-like tubes.

A Canadian exporter of the fattened duck liver delicacy, a foie gras producer based in New York and a Southern California restaurateur claim the law isn't specific enough.

The plaintiffs said there is nothing in the law to measure when a bird has been fed "too much." They said the law violates the federal constitution's commerce clause.

The lawsuit seeks first a temporary, then permanent barring of the ban's enforcement.

The Associated Press contributed to this report.