(The Center Square) — The Trump administration is suing California for its regulation of eggs, claiming three state laws are contributing to the rise in prices for American consumers.
The U.S. Department of Justice filed a lawsuit against California Gov. Gavin Newsom and other state officials on July 9, accusing California’s Proposition 2, Assembly Bill 1437 and Proposition 12 of “imposing unnecessary red tape on the production of eggs.” The lawsuit claims these three laws make it harder for farmers to produce and sell eggs in California, which has led to a rise in egg prices.
In the lawsuit, the DOJ argued the federal government has the right under the federal Egg Product Inspection Act of 1970 to overrule California’s laws on eggs. That is because, the DOJ noted, federal laws supersede state laws under the U.S. Constitution’s Supremacy Clause.
The DOJ claimed California’s three laws impose additional requirements than the ones listed in the Egg Product Inspection Act and therefore are invalid.
According to a study referenced by the DOJ in the lawsuit, the egg requirements enforced by Proposition 2 and Assembly Bill 1437 caused the egg production in California to decrease. The study showed that in 2016, egg production and egg-laying hens in California were about 35% lower than what it would have been if the state hadn’t undergone its recent policy changes.
The DOJ also claimed Proposition 2 and AB1437 caused egg prices to increase because according to the same study, the average price for a dozen eggs in California was about 22% higher from December 2014 through September 2016 than it would have been if the state did not have regulations on the production of eggs.
Newsom’s press office ridiculed the lawsuit in a post on X, claiming Trump blames California “for everything.” Newsom’s press office added that the next thing Trump was going to blame Newsom for is “the fall of Rome” and “the asteroid that wiped out the dinosaurs.”
The Center Square reached out to the Newsom’s press office for further comments, but was told officials weren’t available for comment.
Proposition 2 is an animal welfare measure that gives farmers housing requirements. The measure prohibits the confinement of “pregnant pigs, calves raised for veal and egg-laying hens” in a space where the animals can not “turn around freely, lie down, stand up and fully extend their limbs, according to BallotPedia. Prop. 2 was approved by California voters in 2008 and came into effect in 2015. Farmers were given six years to make the required changes before receiving a punishment of a fine up to $1,000 and 180 days in the county jail.
AB 1437 was enacted in 2010 and designed to regulate the quality of the eggs being sold. Legislators said they passed AB1437 to protect consumers “from the deleterious, health, safety and welfare effects of the sale and consumption of eggs derived from egg-laying hens that are exposed to significant stress,” according to the California Health and Safety Code section 25995(e).
The same section said that when animals are treated well, they are healthier and safer for human consumption. Further, section 25995(b) states when animals are stressed, they are more receptive to catching diseases. Evidently, AB 1437 works alongside Proposition 2’s requirements because it prohibits selling eggs that come from egg-laying hens kept in violation of Proposition 2.
Proposition 12 is the third law scrutinized in the lawsuit and was approved by voters in 2018. Proposition 12 amended and added to the egg regulations already set in the state by Proposition 2 and AB 1437.
