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National Review
National Review
11 Feb 2025
Dan McLaughlin


NextImg:The Corner: Why Do We Still Have a Federal Egg Board?

There’s a shortage of eggs in America right now, and the ones you can get are very expensive. Even Waffle House is adding a surcharge if you order eggs. That’s mostly not about markets, or about government; there’s a shortage of eggs mainly because of a disease killing birds. That being said, we have ample evidence that the insatiable American demand for eggs currently outstrips supply.

So: Why do we have a federally mandated Egg Board? According to the Egg Board’s website, it exists for Soviet-style purposes of hectoring people to eat eggs for the fatherland:

The American Egg Board (AEB) was created by an Act of Congress in 1976 at the request of America’s egg farmers, who desired to pool resources for national category-level egg marketing. Home to The Incredible Egg and Egg Nutrition Center, AEB is dedicated to increasing demand for all U.S. eggs and egg products. For more than 40 years, America’s egg farmers have supported this mission by funding the AEB. The AEB is 100 percent farmer-funded, and those funds directly support the research, education and promotion necessary to market eggs.

The website helpfully informs readers with a 25-page single-spaced PDF of federal regulations, which uses the word “shall” 165 times and declares:

It shall be the policy of the Egg Board to carry out an effective and continuous coordinated program of research, consumer and producer education, advertising, and promotion designed to strengthen the egg industry’s position in the marketplace, and maintain and expand domestic and foreign markets and uses for eggs, egg products, spent fowl, and products of spent fowl of the United States.

None of this, of course, would be complete without the conclusion:

No member, alternate member, employee, or agent of the Board in the performance of his duties with the Board shall be held personally responsible either individually or jointly with others, in anyway whatsoever, to any person for errors in judgment, mistakes, or other acts, either of commission or omission, by such member, alternate member, employee, or agent, except for acts of dishonesty or willful misconduct.

Then, there’s an additional 16-page single-spaced PDF of regulations under the “Egg Research and Consumer Information Act,” containing reams of this sort of cartel-organizing behavior:

Providing that the Egg Board, and alternates therefor, shall be composed of egg producers or representatives of egg producers appointed by the Secretary from nominations submitted by eligible organizations, associations, or cooperatives, and certified pursuant to section 2715 of this title, or, if the Secretary determines that a substantial number of egg producers are not members of or their interests are not represented by any such eligible organizations, associations or cooperatives, then from nominations made by such egg producers in the manner authorized by the Secretary, so that the representation of egg producers on the Board shall reflect, to the extent practicable, the proportion of eggs produced in each geographic area of the United States as defined by the Secretary: Provided, however, That each such egg producing geographic area shall be entitled to at least one representative on the Egg Board: Provided further, That two members of the Egg Board, and alternates therefor, shall be consumers or representatives of consumers, if approved by egg producers voting in a referendum on an amendment to the order. Such consumer appointments shall be made by the Secretary from nominations submitted by eligible organizations. If the Secretary determines that such nominees are not members of either a bona fide consumer organization or do not represent consumers, the Secretary may appoint such consumers or representatives of consumers as deemed necessary to properly represent the interest of consumers. Consumer members of the Egg Board shall be voting members.

In December, the Egg Board achieved a breakthrough: The FDA said you can feel good about eating eggs:

Today, a long-awaited moment has arrived for health enthusiasts and egg lovers nationwide! The U.S. Food and Drug Administration (FDA) has announced that eggs meet the agency’s updated definition of “healthy.”1 This important milestone closes the door on decades of debate over whether eggs are good for you and reinforces their standing as a powerhouse of nutrition. The FDA’s “healthy” definition focuses on promoting healthy eating patterns and relies on specific criteria to evaluate foods that help Americans meet nutritional needs. With this update, the FDA makes it simpler for consumers to make healthful food choices. Eggs, often celebrated for their simplicity, versatility, and nutrition, can now proudly wear the “healthy” badge.

Somehow, Waffle House managed to sell eggs to Americans before this. Which answers the time-honored question: Which came first, the bureaucracy or the egg?