Animal rights groups celebrated prematurely after claiming victory in a long-running court battle to ban foie gras.
Law chiefs in California upheld a ban on the duck delicacy – but restaurants and chefs are now set to appeal.
America’s legal system means the dish will stay on the menu during the appeals process.
It is the latest round in a long-running court battle which began in 2004 when activists first tried to ban it.
The controversial pate made from force feeding ducks and geese was banned in 2011 in the US state but again remained on the menu when the ruling was legally blocked.
Three Federal Court judges have again upheld the ban but it is still subject to a new appeal.
The ban’s challengers can appeal all the way to the Supreme Court if they lose.
The Coalition for Humane and Ethical Farming Standards (CHEFS) and New York-based Hudson Valley Foie Gras in New York said they will both be appealing the decision.
Marcus Henley, the manager at Hudson Valley Foie Gras in New York, said: “We will appeal. This process may take months. Until this appeal is completed, the law and the ban are not implemented and foie gras is legal to sell and serve in California.”