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New York court clears way for NYC foie gras ban to take effect
By
Giulia Heyward
Published Mar 12, 2026
Modified Mar 12, 2026
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KENA BETANCUR/AFP via Getty Images
By
Giulia Heyward
Published Mar 12, 2026
Modified Mar 12, 2026
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New York City's long-running fight over foie gras is heating up again.
The city has received the green light to move forward with plans to stop restaurants from serving the French delicacy after legal challenges left the ban in limbo for years.
Animal rights activists applauded the City Council’s 2019 decision to pass a law banning the sale of foie gras, which is often made by force-feeding ducks and geese until their livers swell to an abnormally large size. But the law’s implementation stalled after the state Department of Agriculture and Markets determined the ban infringed on the rights of upstate farmers who produce the product.
In a ruling issued Thursday, the state Supreme Court’s Appellate Division said the city can proceed with enforcing the ban, despite arguments that the ban could harm farms outside the city.
Instead, the court wrote that local laws “frequently have the potential to create economic ripple effects that extend to other areas of the state, and beyond.”
But the ban may not take effect immediately. A spokesperson for the New York City Law Department said the state could still seek permission to appeal the ruling to the Court of Appeals.
The spokesperson also said the city is currently subject to an injunction in a separate lawsuit brought by foie gras producers that prevents enforcement of the law until there is a “final, nonappealable” order in the case against the state.
Thursday’s court ruling is a “historic victory for animals,” said Allie Taylor, who heads Voters For Animal Rights, which helped lobby for the ban’s original passage seven years ago.
"Today’s ruling not only upholds the city’s ability to make decisions in the best interest of its residents, human and nonhuman alike, but also shows the power of citizens coming together for justice and compassion,” she said. “This is a momentous step forward in creating a kinder, more humane world and it proves that meaningful change is possible when people refuse to accept cruelty as the status quo."
Foie gras producers and some restaurant owners have long opposed the ban. Two Hudson Valley farms, Hudson Valley Foie Gras and La Belle Farm, are among the only U.S. producers.
Supporters of the industry have said concerns about cruelty are exaggerated and note that the practice of force-feeding birds dates back centuries. Animal welfare advocates and some veterinarians have said the process causes ducks’ livers to swell dramatically and can leave the birds struggling to stand or breathe.
In the meantime, the controversial dish can still be purchased at numerous establishments across the city. This includes Benjamin Steakhouse Prime in Midtown East, which sells a foie gras and caviar-topped surf-and-turf tartare for $1,000 a plate.
This story has been updated with information from the city Law Department.
Tagged
food
new york city
restaurants
Giulia Heyward
Giulia Heyward is a breaking news reporter on the Day-Of desk. She previously worked at NPR, as a breaking news reporter, and the New York Times, as a reporting fellow on the national desk. Her work has also appeared in CNN, The Atlantic and Politico. Got a tip? Email [email protected] or more securely on signal at 917-715-1458.
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