"Cajun" Statute Found Unconstitutional as Applied to Seafood Importer

The U.S. Court of Appeals for the Fifth Circuit ruled that a Louisiana statute that prohibits the use of the word "Cajun" in connection with the sale of food is unconstitutional as applied to an importer of catfish from China. Piazza’s Seafood World, LLC v. Odom, 2006 U.S. App. LEXIS 11188 (5th Cir. May 4, 2006) (McCurn, J.).

Piazza’s Seafood used the names "Cajun Boy" and "Cajun Delight" in connection with sales of catfish imported from China. The distributor then sold the product to wholesalers who added the country of origin (China) to the product label before re-selling it. The Commissioner of Louisiana Agriculture issued a letter to Piazza’s customers demanding that they cease re-selling the catfish under the names "Cajun Boy" and "Cajun Delight" because it violated the Louisiana Cajun Statute. The Louisiana Cajun Statute prohibits use of the word "Cajun" in connection with sale of food made outside of Louisiana. In response, Piazza’s Seafood sued the Commissioner and alleged