News & Analysis as of

Dormant Commerce Clause Agricultural Sector

Shook, Hardy & Bacon L.L.P.

Proposition 12 in the Crosshairs—Again: With Cert Denied in IPPA and a New Federal Lawsuit Filed, the Legal Battle Continues

It has been just over a year since the U.S. Supreme Court rebuffed a challenge to California’s controversial Proposition 12, which prohibits the sale of certain meat products within the state unless the animals were raised...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - July 2025

A report arguing for raising taxes on alcohol and sugar-sweetened beverages, a law requiring labels to disclose if an animal was harmed during production, a lawsuit calling grain alcohol "inherently dangerous," and more. It...more

Cozen O'Connor

AGs Tell Congress that EATS Act Ruins their Appetite

Cozen O'Connor on

A group of 16 Democratic AGs wrote a letter to Congressional leaders opposing the passage of the Ending Agricultural Trade Suppression (EATS) Act, which restricts state and local governments abilities to set agricultural...more

Venable LLP

Could Texas Ban the Sale of Union-Made Goods? After National Pork Producers, We Still Don’t Know

Venable LLP on

The Supreme Court’s opinion last week in National Pork Producers Council v. Ross raises more questions than it answers regarding what state laws might violate the dormant Commerce Clause. California prohibits the in-state...more

Ervin Cohen & Jessup LLP

Ninth Circuit Panel Upholds Foie Gras Ban in 2-1 Panel Decision

On May 6, 2022, a panel of three judges in the Court of Appeals for the Ninth Circuit considered a challenge to California’s ban on foie gras. The law has been heavily litigated for nine years, including three sets of appeals...more

Ervin Cohen & Jessup LLP

Ninth Circuit Affirms California’s Proposition 12 Pork Ban

On November 6, 2018, California voters passed Proposition 12. The law is set to go into effect on January 1, 2022. Among other things, the law “prohibits a business owner or operator from knowingly engaging in the sale within...more

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