A federal judge has thrown out a U.S. Department of Justice lawsuit against Michigan’s ban on selling eggs from hens kept in small cages, saying that the DOJ was unable to prove Michigan’s law was causing harm to the Trump administration.
“The mere existence of a state law that is preempted—and therefore invalid—does not itself injure Plaintiff. Nor does Michigan’s enforcement of the Sales Ban, without more, establish a concrete and particularized injury to Plaintiff’s enforcement of EPIA,” US District Judge Jane Beckering said in her 12-page opinion.
The DOJ’s lawsuit, filed in January, argued that the federal Egg Products Inspection Act preempted the Michigan restrictions, and that the rules violate the supremacy clause. It is similar to a lawsuit they filed against California’s cage-free requirements, which was also dismissed by a federal judge
Nancy Barr is the executive director of Michigan Allied Poultry Industries (MAPI), a non-profit organization representing Michigan’s poultry farmers. She said they were “very happy when the judge dismissed the case without prejudice.”
However, Barr expects the DOJ to appeal the decision.
“We look to probably seeing an appeal come our way,” Barr said. “We haven't heard citizens of the state saying they don't want this law in place. So, I guess I will be, you know, watching just like everyone else and hopeful that the appeal also fails.”
In 2019, Michigan amended the Animal Industry Act to ban the sale of shelled eggs coming from chickens, turkeys, ducks, goose, or guinea fowl raised in small, confined cages. This means business owners can not knowingly sell eggs from hens not living in a “cage-free” environment.
The requirements did not come into effect until the end of 2024, giving farms time to prepare.
“They spent millions and millions of dollars, and changed over all of their barns, and raised their pullets differently, and spent a lot of time and money and energy to get to the place where we could be fully cage free in compliance with the law,” Barr said.
A cage-free environment is described in the 2019 revision of Act 466, is an environment where hens are “free to roam unrestricted” indoors, able to access enrichments that allow them to “exhibit natural behaviors.” It also means farmers need to be able to care for the hens while standing in the unrestricted indoor environment.
“Our industry, as I said, is fully cage free. We feel that it's going well,” Barr said. “We think our bird welfare is at very high standards and that's one of the things that's most important to our producers.”
The DOJ lawsuit focused on rising egg prices, referencing a memorandum issued by President Donald Trump in Jan. 2025.
“By design and effect, Michigan’s ban on noncompliant eggs restricts supply and increases compliance costs, contributing to higher prices for American families,” the lawsuit stated.
USDA statistics show poultry and egg prices have decreased nationwide after a peak in the spring of 2025, which was in large part caused by an outbreak of avian influenza, otherwise known as bird flu.
According to MAPI, Michigan ranks 7th in the U.S. for egg production, and 300 to 400 million eggs are produced in Michigan every year.
The DOJ did not respond to a request for comment on this story.
