The Trump administration is taking Michigan to court, arguing that a 2019 law mandating all eggs sold in the state be produced by cage-free hens creates unnecessary regulatory hurdles and is partly to blame for higher prices at the grocery store.
In a lawsuit filed Thursday, Jan. 22, in the U.S. District Court for the Western District of Michigan, attorneys for the Justice Department assert only the federal government can regulate what kinds of eggs are sold in the state, particularly noting Michigan’s cage-free law applies to eggs produced outside the state, as well as in it.
“Michigan’s imposition of state-specific egg quality standards has raised prices for American consumers,” the lawsuit states. “By design and effect, Michigan’s ban on noncompliant eggs restricts supply and increases compliance costs, contributing to higher prices for American families. Regardless of the intent or effect of Michigan’s Sales Ban, it is the prerogative of the federal government alone to regulate the quality and inspection of eggs in interstate commerce.”
The DOJ points to the Egg Products Inspection Act, a law passed in 1970 that created federal standards for inspecting egg products. The DOJ argues the law was designed to eliminate varying inspection standards across the states.
In Michigan, lawmakers and Gov. Gretchen Whitmer approved legislation in 2019 to mandate all eggs sold in the state be produced by cage-free hens. The law went into effect at the end of 2024. At the time it was passed, the policy had bipartisan support. The policy amended a 2009 law that sought to mandate larger cages for hens by 2019.
The 2019 law mandates all farms with more than 3,000 egg-laying hens cannot use cage systems in order to have their eggs sold in Michigan. The law applies to “shell egg” products, so it doesn’t cover any liquid egg or egg extract products.
“Cage-free” doesn’t necessarily mean hens are completely free roaming, either. Michigan law follows the 2017 United Egg Producer requirements for cage-free standards, which means the hens should have at least 1 square foot of floor space.
Currently, 15 states, including Michigan, have some sort of law either banning or restricting the use of cages for egg-laying hens, according to cagefreelaws.com. The DOJ also sued California over its egg production requirements in July.
The Trump administration is asking a judge to permanently enjoin Michigan’s cage-free egg law and declare it in violation of the supremacy clause, a constitutional framework that asserts federal law is ahead of state law. The case was assigned to U.S. District Judge Jane Beckering, an appointee of former President Joe Biden, in Grand Rapids.
The lawsuit names Michigan, the Michigan Department of Agriculture and Rural Development Director Tim Boring, and Attorney General Dana Nessel as defendants. Danny Wimmer, Nessel’s press secretary, said via email Jan. 23 the attorney general’s office hadn’t been served with the lawsuit yet, but plans to respond in court once the lawsuit is served.
While the lawsuit does argue the state law is partly to blame for higher egg prices, federal data shows the cost of a dozen eggs is lower now than it was when President Donald Trump took office in January 2025. On average, a carton of one dozen large, grade-A eggs was $2.71 in December, according to the U.S. Bureau of Labor Statistics’ Consumer Price Index. That figure was $4.95 in January 2025, and spiked at $6.23 in March. Still, overall grocery prices have crept up over the past year, according to consumer data. What the BLS considers the price of “food at home” was 2.4% more expensive nationally in December than it was 12 months before.
Michigan is the 10th highest egg-producing state in the United States, according to the U.S. Department of Agriculture.
This story was updated to add new information.
Detroit Free Press food writer Susan Selasky contributed with prior reporting.
You can reach Arpan Lobo at alobo@freepress.com.
This article originally appeared on Detroit Free Press: Trump administration challenges Michigan’s cage-free egg law
Reporting by Arpan Lobo, Detroit Free Press / Detroit Free Press
USA TODAY Network via Reuters Connect
