Overview
- On July 10 the Justice Department filed a lawsuit in Los Angeles federal court against California, Governor Gavin Newsom and Attorney General Rob Bonta, challenging their egg and poultry production laws.
- The complaint asserts the federal Egg Products Inspection Act of 1970 preempts state regulations that impose additional requirements beyond national uniformity standards.
- Propositions 2 (2008) and 12 (2018) mandate that egg-laying hens have sufficient space to lie down, stand up, extend limbs freely and live cage-free for eggs sold in California.
- Justice Department officials claim these housing rules force farmers to overhaul production methods at a cost that has contributed to higher egg prices across the country.
- Six states previously failed to overturn California’s rules in 2014 litigation and the Supreme Court upheld similar measures in 2023, but the DOJ asserts those precedents do not override its Supremacy Clause challenge.