Instead, for the more than six years since the law went into effect, farmers and restaurateurs have relentlessly and, mostly unsuccessfully, fought the law in court. First, they claimed the law was an impermissible regulation of interstate commerce and asked for a preliminary injunction. They lost that at the federal district court level and then again on appeal. They were turned down for a hearing by the Supreme Court. Then, producers filed a lawsuit arguing that the law violated the federal Poultry Products Inspection Act, which forbids states from imposing regulations on ingredients that differ from the federal regulations. Absurdly, a federal judge agreed that a bird’s liver was an ingredient. The 9th Circuit reversed that decision but stayed the California ban pending a decision by the Supreme Court. Once again, the Supreme Court has refused to hear the challenge. So, to recap, opponents of the ban have litigated twice, lost in the 9th Circuit twice, and been rejected by the Supreme Court twice.
Source: latimes.com – Los Angeles Times