Anthony Bourdain on a podcast contended that most American restaurants get their gras from one of a few major suppliers, none of which have abhorrent conditions for how they produce. Which is to be starkly contrasted with many foreign operations (or some less popular suppliers domestic) which do have a highly controlled, caged force feeding model not unlike chickens. I don't know enough about the industry to vet that claim.
But its silly to ban this particular food, which is an easy emotional win for feel goodie save the world Americans--by the way, the geese would do this to themselves if given the available resources--while allowing every form of chicken to market, which have TRULY abhorrent and unsafe conditions that can't nearly as easily be justified as the food we're talking about here.
Yet this is the easy win. It's "rich people food", sounds evil or worse, FRENCH!--almost certainly sounds worse ethically than it really is. If foie gras was $1 this probably wouldn't be an issue, or not one so garment rending. Or more accurately, if chicken was $25 then that shit would have been banned for fucking ever ago.