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08/27/2013

ALDF and Regal Vegan have victory in “humane” foie gras case!  »

Update!: I’m late to the party as usual: ALDF dropped their suit when Hudson Valley Foie Gras removed all mentions of “humane” from their site!

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ALDF is waging a groundbreaking war against foie gras producer Hudson Valley Foie Gras and had a nice victory last week!

Today ALDF won a major victory in the false-advertising case against New York-based producer Hudson Valley Foie Gras (HVFG). The U.S. District Court of Northern California denied HVFG’s motion to dismiss a lawsuit which alleges that HVFG, the largest foie gras producer in the nation, violated the federal Lanham Act and California’s False Advertising and Unfair Competition Laws, by claiming to be “the Humane Choice.”

ALDF’s co-plaintiff, Ella Nemcova, operates a Brooklyn-based company, The Regal Vegan, which produces a legitimately humane, plant-derived foie gras alternative called “Faux Gras.” HVFG’s manipulative marketing tactics unfairly encourage consumers to buy its force-fed foie gras instead of cruelty-free products like The Regal Vegan’s. ALDF’s lawsuit also marks the first time a humane competitor has brought forth a federal case, using false advertising laws, alongside an animal protection group.

Today’s victory dismissed challenges to the legal standing of The Regal Vegan as a humane competitor and agreed that the groundbreaking case is actionable. While the court denied ALDF’s standing as co-plaintiff its other claims may go forward.

A foie gras company calling itself the humane choice? I don’t even know what to say about that except that terrible people say ridiculous things, I guess. 

As the above states, Ella Nemcova is a plaintiff—she’s the creator of vegan crack, also known as faux gras. You know I love that stuff! I got an email from Nemcova a few weeks ago with some more info on the case:

Now, ALDF is planning to add sizzle to their case, in court and the public arena, by bringing in Temple Grandin, the animal science expert who created the more humane slaughter house and who was profiled in award-winning 2011HBO biopic.
The foie gras lobby has used Temple in the past, claiming she assisted with certifying the product as humane. But now, she is setting the record straight. In a first-of its-kind statement provided to ALDF Grandin made clear her opinion of the product:
“Regarding foie gras production, force feeding is a procedure which is highly questionable from an animal welfare standpoint. If the bird’s metabolism is sufficiently overloaded with force fed grain, death losses will increase. One of my biggest concerns in animal welfare is biological system overload. This occurs when an animal’s physiology is pushed to a point where it starts to break down and the animal develops metabolic diseases and other problems that can severely compromise welfare such as lameness, heart stress, loss of body condition, death losses, mobility problems or abnormal behavior.”
I feel like they could really win this! What do you think? If you need a foie gras refresher, ALDF has this handy guide covering it’s disgustingness:

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