Proposition 12

Proposition 12 was a ballot initiative in California that burdened pig farming in the Midwest. It was upheld in a 5-4 U.S. Supreme Court decision in a challenge that it was unconstitutional under the Dormant Commerce Clause.

In one-sided promotion that makes ballot initiatives so harmful, the spending for this proposition was 20 times the spending against it:

• in support: $13,312,539.22
• in opposition: $689,278.60

One entity, the Open Philanthropy Action Fund, spent $4 million to promote passage of this.

Without mentioning the severe imbalance in funding to enact this ballot initiative, a plurality of the U.S. Supreme Court enforced it in Nat'l Pork Producers Council v. Ross, 143 S. Ct. 1142 (2023).

This law went into effect on July 1, 2023.

Enforcement by Lawfare

This law disingenuously defines any violation as an "unfair business practice," thereby unleashing lawfare by California attorneys against Midwest pig farmers:

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In addition, a violation of section 25990(b) of this chapter constitutes “unfair competition” as defined in Section 17200 of the Business and Professions Code and is punishable as prescribed in Chapter 5 (commencing with section 17200) of Part 2 of Division 7 of the Business and Professions Code.

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Criticism

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Because 13 percent of the nation’s pork is sold in California, while less than 1 percent is raised there, the petitioners alleged that most producers across the country would have to modify their production practices to comply with the law. This, they argued, would increase production prices and disrupt the more than $20 billion national pork market. They also argued that the law would require processors to revise their systems to segregate and trace pork to prevent non-complying pork from entering the California market.

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See also

• California government explanation