LANSING, Mich. (Michigan News Source) — The federal government is taking Michigan to court over eggs, arguing the state’s cage-free mandate scrambled the rules of interstate commerce.
Filed Jan. 22, the lawsuit targets the state of Michigan and names Attorney General Dana Nessel and Michigan Department of Agriculture and Rural Development Director Tim Boring in their official capacities.
The lawsuit contends that Michigan’s ban on selling eggs laid by caged hens improperly regulates products moving across state lines, an area the Justice Department says is reserved for federal oversight.
Michigan’s cage-free requirement took effect Dec. 31, 2024, mandating that all eggs sold in the state—regardless of origin—come from hens raised in cage-free systems. Farms with fewer than 3,000 laying hens are exempt.
The policy traces back to legislation first approved in 2009 and later expanded in 2019 following pressure from animal-welfare groups. Enforcement was delayed for years, with the law finally taking effect amid a statewide avian influenza outbreak.
Federal officials, however, argue the law conflicts with the Egg Products Inspection Act, a 1970 statute designed to create uniform national standards for egg quality and inspection. While Michigan may regulate how hens are housed within its borders, the Justice Department says the state crossed a constitutional line by applying those standards to eggs produced elsewhere.
“The Supremacy Clause does not permit such supplementary state regulation,” the Justice Department wrote—a position that now sets the stage for a federal court to decide how far Michigan’s cage-free mandate can reach.