Last week, the Trump administration reignited the legal fight over farm animal confinement laws by filing a new lawsuit challenging California’s egg-related regulations. The complaint argues that California’s laws are invalidated by the Egg Products Inspection Act (EPIA).
The DOJ claims California’s laws are preempted by the EPIA, a 1970 federal law ensuring the safety, quality, and labeling of eggs and egg products in interstate commerce. The EPIA authorizes USDA to set national standards for egg grading, sanitation, labeling, and packaging.
Challenged Provisions
The lawsuit challenges Proposition 12, Proposition 2, and AB 1437. Prop 2 (2008) imposed space requirements for pregnant sows, veal calves, and laying hens. AB 1437 (2010) extended those standards to all eggs sold in California. Prop 12 (2018) further expanded these laws, regulating the production and sale of veal, egg, and pork products, requiring minimum space per animal, and banning the sale of products from animals confined more restrictively.
Standards Preemption
The DOJ relies on the EPIA’s preemption clause, which bars states from imposing additional or conflicting requirements. Under 21 U.S.C. § 1052(b), no state may impose standards “in addition to” or “different from” federal standards for egg “quality, condition, weight, quantity, or grade.”
DOJ argues California’s laws regulate egg “condition” and “quality,” defined by USDA regulations. DOJ points to AB 1437’s stated purpose—to protect consumer health—as an attempt to regulate inherent egg properties. It also cites Prop 12’s stated concern for health, safety, and foodborne illness risk.
Labeling Preemption
DOJ also claims California’s regulations conflict with EPIA’s labeling preemption. California requires specific terms in shipping manifests and bans “cage free” labeling unless eggs meet its standards. DOJ argues these are labeling rules that differ from USDA’s.
Next Steps
DOJ seeks a judgment declaring the California laws preempted and unenforceable. California will likely file a response, and a request for an injunction may follow.
For a more detailed analysis, click here for a NALC blog post.
Rumley, Beth. “Challenge to California’s Hen Housing Laws.” Southern Ag Today 5(31.5). August 1, 2025. Permalink
