- UPSIDE Foods (UPSIDE), a cultivated meat company, has sued the state of Florida over the state’s ban (SB 1084) on the sale and manufacturing of “cultivated” meat. The complaint, filed by the Institute for Justice (IJ), contends that the law violates a constitutional prohibition on favoring in-state businesses over out-of-state competitors.
- “If some Floridians don’t like the idea of eating cultivated chicken, there’s a simple solution: Don’t eat it,” said Paul Sherman, a senior attorney at IJ. “The government has no right to tell consumers who want to try cultivated meat that they’re not allowed to. This law is not about safety; it’s about stifling innovation and protecting entrenched interests at the expense of consumer choice.”
- The complaint reports UPSIDE’s chicken has been given the green light by both the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA), “affirming its safety and quality. And because it is cultivated in a controlled environment, the process can potentially reduce the risk of foodborne illnesses, contaminations, and other issues in modern animal agriculture.”
- Florida lawmakers in the past have called cultivated products a threat to their state’s agriculture industries. Agriculture Commissioner Wilton Simpson, a key supporter of the law, called the lawsuit “ridiculous” and said “lab-grown ‘meat’ is not proven to be safe enough for consumers,” despite FDA and USDA authorization.
- In 2024, four states (Alabama, Arizona, Florida and Tennessee) have considered legislation that would ban the manufacture, sale, or distribution of cell cultured meat. Florida and Alabama signed their respective bills into law.
- Keller and Heckman will continue to monitor and relay any updates in this litigation.