6. Advocacy, Investigations, and Partial Pressures
The Peak Years: U.S. Foie Gras Under a Dominant Duopoly (2010–2017) · 2,281 words
The period 2010–2017 saw sustained advocacy efforts against foie gras, including undercover investigations and campaigns that, while not (yet) delivering a knockout blow to the industry, applied continuous pressure. Activists achieved some incremental wins – exposing farm conditions, persuading restaurants to drop foie gras, and passing limited policies – but the duopoly remained intact largely because it could thwart or survive these partial challenges. Here’s an overview of key advocacy actions, their outcomes, and why they fell short of shutting down production:
Undercover Investigations & Exposés: Animal rights organizations made foie gras production a target of investigative journalism and exposé videos:
PETA (People for the Ethical Treatment of Animals): PETA had been campaigning against foie gras since the 1990s, and continued through the 2010s with new material. Circa 2013, a PETA investigator got a job at Hudson Valley Foie Gras and recorded daily operations. This investigation revealed grim details, such as:
Workers hurriedly shoving tubes down ducks’ throats, sometimes causing injury.
Ducks panting and struggling with distended abdomens.
Mortality and cruelty metrics: PETA’s report noted that feeders were rewarded for keeping “accidental” deaths under 50 a month (implying dozens of ducks did die painfully each month)[3]. It also highlighted a statistic that 2–6% of force-fed ducks die during gavage (far above normal mortality).
Graphic footage of ducks with wounds, infections, and struggling to walk.
PETA packaged this into a video titled “Foie Gras: Delicacy of Despair” and a campaign urging the public to boycott foie gras. They often enlisted celebrities – e.g. actors or musicians – to condemn foie gras (Sir Roger Moore narrated an earlier video; in this era, others like Paul McCartney spoke out too). PETA’s investigations were publicized online and occasionally made news (e.g. local TV might cover “PETA releases undercover foie gras video”).
Animal Protection and Rescue League (APRL) / Humane Society, et al.: Earlier, in 2005, APRL and others had filmed at the three U.S. foie gras farms (including HVFG, La Belle, and the now-closed Sonoma). That footage, narrated by celebrities, was still circulated in the 2010s as evidence of cruelty. In 2013, the Humane Society of the United States (HSUS) sent investigators to some foie gras suppliers abroad and used those findings to bolster stateside campaigns, emphasizing that force-feeding is inherently cruel (their stance: “foie gras is a product of extreme cruelty”).
Animal Equality (AE): This international group did an undercover investigation at HVFG around 2013–2014, releasing video via platforms like HuffPost. They showed ducks limping with swollen abdomens, ducks dead in cages or pens, and rough handling by workers. One notable finding: ducks panting heavily, which a vet in the video explained was due to enlarged livers compressing air sacs, causing respiratory distress (a direct refutation of industry claims that ducks aren’t in pain). Such footage was shared widely on social media.
Local activists & whistleblowers: Occasionally, a disgruntled ex-employee or local activist would share photos from the farms – for example, a 2015 local New York activist website published pictures of the filthy barn floors and a pile of dead ducks disposed at HVFG. These on-the-ground “leaks” kept a drumbeat of negative attention.
Findings & Impact: The investigations all painted a similar picture: even at “best” farms, foie gras production entails suffering – from respiratory distress and liver disease in the ducks to injuries from force-feeding and stress on their bodies. They also exposed the gap between marketing and reality: while farms spoke of cage-free and gentle care, videos still showed crowded pens, ducks with sores on their bills (from the tubes), and dying animals. For the public, these investigations provided visceral proof used by activists in campaigns and by journalists in writing critical pieces. However, because foie gras production was legal (outside CA) and these farms weren’t blatantly violating laws (force-feeding itself wasn’t illegal in NY), the investigations didn’t trigger shutdowns or prosecutions. They served to sway public opinion and shame the industry, laying groundwork for political action.
Advocacy and Campaigns (Corporate & Local): Activists adopted both grassroots pressure campaigns and pursuit of legal/policy changes short of outright bans:
Restaurant Pressure Campaigns: Activists in various cities formed coalitions specifically targeting restaurants that served foie gras. For example:
The DC Coalition Against Foie Gras (formed around 2021, but building on earlier activism) claimed by 2022 to have “successfully pressured 22 restaurants to remove foie gras” in D.C.. They used tactics like persistent protests outside restaurants, distributing flyers to patrons, social media shaming (posting pics of restaurants’ foie gras dishes and urging followers to call them), and even more aggressive actions (in one case, activists in D.C. disrupted a foie gras dinner and got briefly arrested, an incident they promoted as “Cuffed for Protesting Foie Gras… and Then We WON” – when that restaurant agreed to stop serving it).
Similar groups in Philadelphia, Boston, and the San Francisco Bay Area had campaigns. In Philly, activists around 2014–2015 conducted protests at high-profile places (e.g. Chef Marc Vetri’s restaurants) to persuade them to ditch foie gras. Boston activists with Boston Animal Save targeted one suburban French restaurant notorious for resisting; eventually that restaurant gave in too.
Activists often maintained “Do Not Serve Foie Gras” lists – essentially celebrating restaurants that pledged not to serve it. In D.C., they even handed out window stickers to restaurants that agreed (like a badge of ethical pride).
These campaigns often operated via social media. For instance, the Instagram account “@dcagainstfoiegras” would announce each victory (e.g. “Restaurant X will no longer serve foie gras!”) and tag the restaurant to hold them accountable. This public pressure and desire to avoid bad PR made some chef-owners decide foie gras wasn’t worth the hassle, especially if it wasn’t a menu centerpiece.
Outcome: By 2017, such campaigns had made dents in certain cities. Perhaps a few dozen restaurants nationwide removed foie gras under pressure (which, relative to ~1000 in NYC alone, is a modest number, but in smaller cities it sometimes meant nearly all who served it had stopped). However, many high-end chefs held out, and new restaurants would crop up serving foie gras anyway. The campaigns set the stage for seeking government action by showing “community support” against foie gras.
Corporate and Retail Bans: Activists also targeted retailers and other businesses:
Whole Foods Market – though Whole Foods had already banned foie gras sales way back in 1997 on cruelty grounds, activists made sure to cite Whole Foods’ stance as evidence that even a major retailer found it unethical. They pushed other gourmet stores to follow. In the 2010s, Costco, Safeway, and Trader Joe’s all publicly stated they do not sell foie gras (some had never, but activists still “claimed” those as commitments).
Chefs and suppliers: Activists occasionally got influential chefs on their side. For example, the late Charlie Trotter in Chicago famously refused to serve foie gras and supported the ban (he said it was about ethics). His stance was cited by activists to pressure other chefs: “If a world-class chef like Trotter says no to foie gras, why won’t you?”. In Los Angeles, Wolfgang Puck announced in 2007 a humane sourcing initiative that excluded foie gras – this was a huge symbolic win for activists, showing a celebrity chef disavowing it. Through the 2010s, Puck and some others (like Omaha Steaks’ catalog and some cruise lines) kept foie gras off their offerings.
Foodservice Companies: Aramark and Compass Group (big institutional foodservice providers) had policies not to use foie gras in the cafeterias and venues they manage, largely due to pressure in the late 2000s. This meant foie gras was confined mostly to independent restaurants, not corporate-run dining.
Local/State Policy Attempts: Beyond Chicago and California’s high-profile cases, activists probed other jurisdictions:
New York City: Activists (led by Voters for Animal Rights and others) lobbied NYC Council members throughout the mid-2010s, educating them on foie gras. By 2017, they had gained sympathetic ears, setting the stage for the 2019 introduction of a ban. Pre-2019, NYC didn’t yet have official bills on it, but activists were laying groundwork by rallying public opinion (holding protests, using the 81% poll to show council members their constituents cared).
Other Cities: As mentioned, Philadelphia briefly considered a ban around 2014 when a councilman floated the idea (it didn’t progress after some hearings). Seattle and Portland saw petitions but no formal legislation. Berkeley, CA (famously progressive) passed a resolution condemning foie gras imports in 2014, though it was symbolic since CA already had a production ban.
States: Some states saw proposed bills that never passed committee. Hawaii had one in 2006; Massachusetts had a citizen initiative drive around 2016 to ban foie gras and crated veal (it got overshadowed by a larger farm animal welfare initiative that didn’t include foie gras). In New York State, advocates considered pushing a statewide ban on force-feeding, but knowing the farms’ political clout upstate, they focused on NYC instead.
Corporate/Institutional Policies: Activists also attempted “backdoor” bans by getting venues to pledge not to serve foie gras. In 2015, they convinced the Los Angeles City Council to ban foie gras at official city events and venues (so you couldn’t serve it at, say, a gala in a city-owned building). This was more symbolic than impactful.
Why the Duopoly Remained Intact Pre-2017: Despite all the above, Hudson Valley and La Belle continued operating and even expanding through 2017. Key reasons:
Legal Successes and Loopholes: The foie gras producers proved adept at using legal avenues to counter bans. In Chicago, their allies got the ban repealed in 2008, sending a message that bans could be undone. In California, they exploited a legal argument (federal preemption) to get the ban suspended in 2015[1], and even though that was reversed in 2017, the years of delay meant they never stopped producing. (Sonoma Foie Gras did close due to the CA ban on production, but that was a lone farm; HVFG and La Belle weren’t directly under CA law, so they just paused shipments to CA and resumed later via a third-party loophole.) As activists complained, “the industry can’t win on the merits, so they hide behind legal technicalities” – hiring lawyers to fight on procedure. This strategy largely worked to buy time and stave off existential threats.
Economic and Political Shielding: HVFG and La Belle benefited from being in New York, a state with strong agricultural protection laws. New York’s Department of Agriculture was sympathetic – in fact, when NYC tried to ban foie gras, the state ag agency stepped in to officially rule that it would violate state law protecting farms. This state preemption became a potent shield (and was upheld by a judge in 2022). Moreover, the farms were significant employers in their district, so their local and state representatives (like Assemblywoman Aileen Gunther) defended them vociferously on economic grounds[14]. In short, outside of a few liberal urban councils, political power was on the side of the farms during this period.
Public Pressure Insufficient in Key Areas: While activists made headway in persuading some restaurants and a segment of the public, it wasn’t enough to tip broad policy. NYC, the biggest prize, didn’t move until after 2017. Many fine-dining patrons continued ordering foie gras, perhaps more eagerly when they heard it might be banned (foie gras sales reportedly spiked in Chicago during the ban due to black-market curiosity). The notion of “bans = taking away luxury from those who enjoy it” was used by opponents to frame activist pressure as overreach, resonating with some policymakers.
Industry PR and Adaptation: As discussed, the farms adjusted their practices (no cages, etc.) and invited scrutiny to an extent, which made some officials hesitate – the producers could say, “we’ve cleaned up, these activists are using outdated footage.” For example, when NYC lawmakers considered the ban, producers argued “misinformation has skewed public perception” and that council members never actually visited the farms. This sowed enough doubt to slow momentum. The industry’s PR efforts and alliances with chefs kept a chunk of the culinary establishment – and their customers – on the side of maintaining status quo.
Limited Bandwidth of Activists: Animal rights groups were fighting on many fronts (factory farming, fur, circus animals, etc.). Foie gras, being small, got intermittent focus. They certainly kept at it (especially local coalitions and PETA), but larger groups like HSUS prioritized bigger-impact issues after securing the CA ban. In legislative bargaining, foie gras bans sometimes fell off the agenda in favor of compromises on other measures. This meant the pressure on foie gras, while persistent, wasn’t always at maximum intensity, allowing the farms to weather it.
In effect, pre-2018 activism created significant “heat” but not the “fire” to burn down the industry. The duopoly survived by legal pushback, political support, and by being nimble. Activists did succeed in making foie gras a controversial topic (no small feat – by 2017, few in the food world could claim ignorance of the debate). They also chalked up small wins: some restaurants went foie-free, public opinion in many places leaned their way, and the California ban demonstrated it was possible to outlaw foie gras under the right conditions. These outcomes were partial pressures – enough to worry the farms, but not enough to topple them.
By late 2017, the stage was set for bigger showdowns (NYC’s ban proposal was introduced in early 2019). The latent vulnerabilities activists had chipped at (reliance on restaurant trade, moral stigma, limited consumer base) were becoming more pronounced. But until an actual legislative ban with teeth took effect (like NYC’s planned one in 2022 or California’s final legal victory in 2019), the foie gras duopoly continued to operate, “hanging on by a thread” as one activist blog put it but undeniably hanging on.