On Jan. 22, The Trump administration filed a lawsuit against the state of Michigan’s cage-free egg production law over its control over interstate commerce.
The lawsuit is directed towards the state of Michigan, Agricultural Director Tim Boring and Attorney General Dana Nessel.
Taking effect on Jan. 1, Michigan legislatures updated the Animal Industry Act (Public Act 466 of 1988) by passing Public Act 132 — which was officially passed in 2019. The law requires that farmers raising over 3,000 egg-laying hens in an indoor vicinity must be able to roam freely around — hence the term “cage-free.”
The law also prohibits business owners from purchasing and working with producers—from inside and outside the state — who engage in confined egg production that does not align with their law. The law does not apply to eggs sold in liquid or cooked form.
Several states have also enacted cage-free laws, such as Arizona, California, Massachusetts and Ohio. The Trump administration also chose to sue California over its egg production laws in July of 2025.
Cage-free systems allow hens to freely roam and lay eggs in their own nests without caged confinement. Farmers are beginning to switch to the cage-free lifestyle instead of caging hens in battery cages. Battery cages on average only allow 67 square inches of space.
“Battery cages present inherent animal welfare problems, most notably by their small size and barren conditions,” poultry welfare expert Michael Appleby said. “Hens are unable to engage in many of their natural behaviors and endure high levels of stress and frustration. Cage-free egg production, while not perfect, does not entail such inherent animal welfare disadvantages and is a very good step in the right direction for the egg industry.”
While cage-free conditions are a healthier alternative for hens compared to battery cages, there are still setbacks to the system that prevent it from being “cruelty-free.” They still involve the practices of any other domestication systems for hens, such as beak mutilation, overcrowding and are typically slaughtered before reaching two years of age.
The Trump administration filed a lawsuit against Michigan’s decision to use the cage-free practice, believing that it has raised egg prices and created an “unnecessary red tape” for large-scale commercial egg producers.
In January 2025, the cost of eggs at a national average of $4.95, more than the $2.52 of this month last year and $4.82 the year before that.
“Michigan’s imposition of state-specific egg quality standards has raised prices for American consumers,” the lawsuit claims. “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 Sale Ban, it is the prerogative of the federal government alone to regulate the quality and inspection of eggs in interstate commerce.”
State governments are allowed to control their own intrastate (within state borders) without the intervention of the national government. With that being said, the national government has the legal right to regulate interstate (between state borders) and foreign commerce.
The national government believes that Michigan’s choice to reject egg companies that do not practice cage-free production from other states violates their right to patrol interstate commerce. Michigan Gov. Gretchen Whitmer, Boring and Attorney General Nessel have not yet responded to the case. U.S. District Judge Jane Beckering, appointed by former President Joe Biden, is expected to handle the case in Grand Rapids.
