Animal welfare organizations that promoted California Proposition #12 have filed suit in the Superior Court in Sacramento alleging that regulations drafted by the California Department of Food and Agriculture (CDFA) do not reflect the intent of voters.  Proposition #12 was passed by a 63 to 37 percent majority and was intended to resolve inconsistencies in the 2008 Proposition #2 ballot regarding housing of hogs, calves and poultry.

Wayne Pacelle, President of Animal Wellness Action and the lead plaintiff stated, "The California Department of Food and Agriculture has a legal responsibility to propose and enact regulations that conform to all the terms of Proposition #12".  He added, "The Agency has embraced the false framing from agribusiness groups and has admitted the public health threats caused by confining animals in cages". 

There is no scientific evidence that in the U.S. the confinement of hens in cages represents an increased risk of food borne disease.  The issue of cages and gestation crates are welfare and ethical concerns. The litigation initiated by Animal Wellness Action is interpreted as an attempt to solicit donations based on aggressive promotion of animal welfare opposing intensive livestock production.  The egg industry has responded appropriately to the passage of Proposition #12 to ensure that eggs produced in the State of California and also transported into the State for sale will conform to the current CDFA standards for housing.

It is calculated that consumers in California have paid a premium of 50 cents per dozen (the Pacelle Tax) over and above the higher feed or transport costs since introduction of Proposition #2.

A detailed report on changes to Proposition #12 will be included in the December 17th edition of EGG-NEWS