- Florida’s ban on cultured meat is being challenged in federal court. Upside Foods and the Institute of Justice argue that the ban is unconstitutional and violates federal law and trade law. The Institute of Justice is seeking interim relief to allow the sale of cultured meat in Florida while the lawsuit is pending. The Good Food Institute is supporting the lawsuit as advisory counsel, emphasizing consumer rights. Florida’s agriculture commissioner sees the ban as protecting traditional agriculture, while Upside Foods argues that cultured meat is a complement to conventional animal agriculture.
Florida’s ban on cultured meat is being challenged in federal court in a lawsuit filed yesterday. The case is being led by cultured meat company Upside Foods and nonprofit public interest law firm Institute of Justice (IJ). Florida Governor Ron DeSantis signed the law banning the sale of cultured meat in Florida on May 1, and the law went into effect on July 1. Alabama plans a similar law that will go into effect on October 1.
Upside Foods and the IJ argue that Florida’s ban is unconstitutional on three counts. First, it violates the clause that gives federal law precedence over state law in certain cases. The court argues that Florida’s ban violates two provisions of the Federal Meat Inspection Act and the Poultry Products Inspection Act. The legal brief also claims that the ban violates the Trade Act, which gives the U.S. Congress exclusive power to regulate interstate commerce.
Interstate trade restricted
The Institute for Justice argues that the Commerce Clause prevents states from passing laws that unreasonably restrict interstate commerce, and that Florida’s ban in its current form has discriminatory effects. “Florida’s law has nothing to do with protecting health and safety,” IJ lead attorney Paul Sherman said at a press conference today. “It’s a transparent attempt at economic protectionism.” Sherman expressed that Upside Foods and the IJ will also seek a preliminary injunction allowing the company to sell cultured meat in Florida while the legal challenge continues.
The lawsuit alleges that Upside Foods had planned to distribute its cultured chicken at Art Basel in Miami in early December 2024. The company protested Florida’s ban by hosting a tasting of its chicken in Miami on June 27, shortly before the ban went into effect. Sherman also mentioned that the Alabama ban was also “on our radar,” but that the IJ targeted the Florida law because it went into effect before the Alabama ban.
Support from the GFI
The lawsuit was welcomed by the Good Food Institute (GFI), a nonprofit that supports cultured and plant-based meat companies. That organization is serving as advisory counsel in the case. “Consumers should decide what kind of meat they want to buy and feed their families – not politicians. This lawsuit aims to protect those consumer rights, as well as the rights of companies to compete in a fair and open marketplace,” Laura Braden, GFI’s director of regulatory affairs, said in an emailed statement.
Florida Agriculture Commissioner Wilton Simpson had championed the law banning cultured meat as a defense of the agricultural industry against new manufacturing methods. “We must protect our incredible farmers and the integrity of American agriculture. Lab-grown meat is a disgraceful attempt to undermine our proud traditions and prosperity and is in direct opposition to authentic agriculture,” he said at the bill signing. But at the press conference, Upside Foods CEO Uma Valeti argued that cultured meat should be viewed as a complement, not a replacement, for conventional animal agriculture. He said the Florida legislative process was like “watching an old boys’ club” protecting an established industry against new technologies.
