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Viva! Int'l Voice for Animals v. Adidas Promotional Retail Operations, Inc.

Citation: 35 ELR 20240
No. No. A106960, (Cal. App. 1st Dist., 11/21/2005)

A court holds that California Penal Code 653o, which bans the import of products made from certain animals, including kangaroos, into California is preempted by federal law and by general federal objectives of kangaroo conservation. The statute as applied in this case conflicts with federal law and with substantial federal objectives of persuading Australian federal and state governments to impose kangaroo population management programs in exchange for allowing the importation of kangaroo products. Thus, the grant of summary judgment in favor of a shoe manufacturer that imports and sells in California markets athletic shoes made from kangaroo leather was affirmed.