Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

State Attorneys General Poised to Crack Down On Price Gouging Amid Market Pressure

By Alex J. Brackett & Erin Ashwell on February 7, 2025
Email this postTweet this postLike this postShare this post on LinkedIn

This past Thursday, New York Attorney General Letitia James issued a warning to businesses against price gouging for eggs and poultry. The current bird flu outbreak began in March 2024 but has become a topic of increasing concern for consumers and businesses in the new year after more than 13 million hens—necessary to the success of the egg and poultry industry—died or were slaughtered within the last two months.

The result? Mass egg shortages for consumers and soaring cost increases that have jumped more than 50% in the past year, increases that have only accelerated in recent weeks. The problem is that poultry and eggs are essential staples in restaurants and grocery stores that consumers are unable to do without. Increased prices are the necessary result of high demand and dwindling inventory. This problem is only exacerbated by inflation. Egg and poultry producers and processors face higher costs for energy and other goods and services necessary to continue operations.

The blame for egg prices going sky high does not lay at the feet of the agricultural community, but rather speaks directly to mismatched and unavoidable market forces. Despite this, New York Attorney General Letitia James vows to crack down on perceived “price gouging” in the egg and poultry industry. James accuses businesses of using the bird flu as “an excuse . . . to dramatically raise prices” to realize a larger profit margin amid a crisis.

James has historically accused the egg industry of price gouging during the COVID-19 pandemic, accusations that resulted in a settlement that delivered 1.2 million eggs to New Yorkers in 2021. But the situation now presented offers a unique set of challenges unlike those faced during COVID. In the wake of the bird flu, there are simply not enough hens to keep up with the always-high demand for eggs. Businesses are forced to make the difficult choice to either shutter or increase prices amid intense scrutiny from authorities.

Critically, in most states a declared state of emergency is required before price gouging laws may be triggered, and those laws will only be applicable during the duration of the declared emergency. Despite James’s warning, there is no such declared emergency in place in New York state, and therefore, there is no authority for James to act under New York’s price gouging law.

James’s warning does come on the heels of executive orders by California Governor Gavin Newsom to protect California residents against exploitation in connection with the Los Angeles wildfires where an emergency has been declared. The California Department of Justice has already filed two lawsuits against real estate agents for allegedly attempting to price gouge families that evacuated due to the Eaton Fire. California’s anti-price gouging orders are far-reaching and have implications for the egg and poultry industry in California as well, a state that has seen a 70% rise in egg prices between Thanksgiving and the New Year.

McGuireWoods has an experienced team, including former senior officials from key offices of attorneys general across the country that have been counseling clients through price gouging investigations in the agricultural space and other industries over the last several years. The team also helps clients preemptively avoid state regulatory action. Please reach out to Kevin Frankel, Erin Ashwell, or Alex Brackett if you would like to discuss these issues.

Photo of Alex J. Brackett Alex J. Brackett

Alex is a member of the Government Investigations and White Collar Litigation department, and co-head of McGuireWoods’ Strategic Risk and Compliance team. His practice focuses primarily on advising and supporting corporate and individual clients in the areas of white collar criminal defense and…

Alex is a member of the Government Investigations and White Collar Litigation department, and co-head of McGuireWoods’ Strategic Risk and Compliance team. His practice focuses primarily on advising and supporting corporate and individual clients in the areas of white collar criminal defense and internal investigations.

Read more about Alex J. BrackettEmail
Show more Show less
Photo of Erin Ashwell Erin Ashwell

Erin is a partner for the firm’s nationally ranked Government Investigations & White Collar Litigation Department. Erin recently served as Chief Deputy Attorney General for Virginia and has a strong background in government investigations that encompass regulatory, criminal and civil matters. Erin assists…

Erin is a partner for the firm’s nationally ranked Government Investigations & White Collar Litigation Department. Erin recently served as Chief Deputy Attorney General for Virginia and has a strong background in government investigations that encompass regulatory, criminal and civil matters. Erin assists clients in consumer protection, criminal litigation, political and state attorney general enforcement and investigation issues, and appellate cases in the education, labor & employment, and healthcare industries.

Read more about Erin AshwellEmail
Show more Show less
  • Posted in:
    Administrative and Regulatory
  • Blog:
    Subject to Inquiry
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo