This past term the Supreme Court upheld a California law barring the sale of animal products that are not produced in conformity with the state's animal welfare laws, even if the products are produced out of state. A majority of the justices rejected the claim that such a law violated the Dormant Commerce Clause because of its extraterritorial effect.
Politico reports on a similar battle in New York, where New York City is seeking to ban the sale of foie gras, largely because of the manner in which it is produced. (Foie gras involves force feeding ducks or geese so as to increase the fat content in their livers.) Although the conflict arises under state law, some of the underlying questions are similar, as it pits producers from elsewhere (in this case, upstate New York) against a local jurisdiction.
