Florida’s ban on cultivated meat is being challenged in federal court by cultivated meat firm Upside Foods and the Institute of Justice (IJ), a nonprofit public interest law firm. The lawsuit, filed yesterday, argues the ban is unconstitutional in several ways.
Governor Ron DeSantis signed the legislation on May 1, making the sale of cultivated meat illegal in Florida effective July 1. Alabama has passed a similar bill banning cultivated meat, which will come into effect on October 1.
The plaintiffs argue that Florida’s ban violates the Supremacy Clause, asserting that state law conflicts with federal provisions in the Federal Meat Inspection Act and Poultry Products Inspection Act. They also claim the ban infringes on the Commerce Clause, which grants Congress exclusive power to regulate interstate commerce. This clause restricts states from enacting laws that unduly impede interstate commerce.
“Florida’s law has nothing to do with protecting health and safety; it is a transparent example of economic protectionism,” said IJ senior attorney Paul Sherman in a press conference. Sherman added that Upside Foods and IJ would seek a preliminary injunction to allow the company to sell cultivated meat in Florida while the legal battle is ongoing. The plaintiffs argue that they had plans to distribute cultivated chicken at Art Basel in Miami in early December 2024.
Sherman indicated that the Alabama ban is also a target, but that the IJ is focusing first on Florida as its ban came into effect earlier. “We’re hoping we’ll be able to get a quick ruling [in Florida] on a preliminary injunction and use that as a precedent to challenge the Alabama ban,” he noted.
The lawsuit has gained support from the Good Food Institute (GFI), a nonprofit dedicated to advancing alternative proteins and serving as consulting consul in this case. “Consumers should decide what kind of meat they want to buy and feed their families—not politicians. This lawsuit seeks to protect these consumer rights,” said GFI’s director of regulatory affairs Laura Braden in a statement.
On the other hand, Florida Agricultural Commissioner Wilton Simpson praised the bill for protecting the state’s agricultural industry. “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,” Simpson said when the bill was signed.
However, Upside Foods CEO Uma Valeti argued that cultivated meat should be seen as a complement to conventional animal agriculture. Valeti described the legislative process banning their product as akin to watching an “old boys’ club” protecting an incumbent industry against new technology.
This story originally appeared on wired.com.