Florida officials are pressing a federal judge to throw out a constitutional challenge brought by cultivated meat company UPSIDE Foods against the state’s ban on lab-grown meat.
The state argues that UPSIDE’s claim is vague and unsubstantiated, making it unsuitable for the court to consider on its merits.
UPSIDE Foods contends that Florida’s SB 1084 was enacted for discriminatory purposes, in violation of the Dormant Commerce Clause of the US Constitution.
The company’s complaint points to public comments made by Florida Governor Ron DeSantis and Florida Agriculture Commissioner Wilton Simpson as evidence of the state’s intent.
Both officials suggested that the out-of-state cultivated meat industry poses a threat to Florida’s in-state conventional meat and agricultural industries.
UPSIDE argues those comments reveal that Florida’s sole motivation in passing the ban was to shield its domestic cattle industry from outside competition.
The court had previously denied UPSIDE’s motion for a preliminary injunction and rejected its argument that the Poultry Products Inspection Act preempted the state law.
However, the court did allow UPSIDE to proceed with its broader constitutional challenges, keeping the legal battle alive for the company.
Florida’s SB 1084, which took effect in May 2024, holds the distinction of being the first statewide cultivated meat ban enacted anywhere in the United States.
The law defines cultivated meat as “any meat or food product produced from cultured animal cells” and makes it unlawful for any manufacturer to sell, hold, or distribute such products in Florida.
UPSIDE Foods had received federal approval from both the US Department of Agriculture and the US Food and Drug Administration to sell a cultivated chicken product back in 2022.
The case sits at a significant crossroads for the emerging cultivated protein sector, which has faced increasing regulatory resistance at the state level despite holding federal approval to operate.
The outcome of the challenge could set a precedent for how other states approach similar legislation targeting the cultivated meat industry going forward.