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

ELR Citation: 37 ELR 20185
Nos. No. S140064, (Cal., 07/23/2007) Rev'd

The Supreme Court of California reversed a lower court's grant of summary judgment in favor of an importer that sells athletic shoes made from kangaroo leather. The case arose after an animal rights group filed suit against the importer for violating California Penal Code §653o, which prohibits the importation into or sale within California of shoes made from kangaroo. The lower court dismissed the case on preemption grounds. But contrary to the lower court's reasoning, the state law poses no obstacle to any current federal policy and is not preempted by the Endangered Species Act.

[A prior decision in this litigation can be found at 35 ELR 20240.]

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