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Upside Foods sues Florida over cultivated meat ban

In May, Florida became the first US state to ban cultivated meat's sale, manufacture, and distribution. Upside Foods, a cultivated chicken startup, has filed a federal lawsuit in response, arguing that the law is unconstitutional.

On 1 May, the Governor of Florida, Ron DeSantis, signed a state agriculture department bill, FL SB1084, intended to protect the state's cattle industry from what DeSantis described as resistance against external "authoritarian goals" allegedly imposed by global elites. Part of this bill included a ban on cultivated meat within the state. On 1 July, the law came into effect.

Joining Florida, Alabama became the second state to ban the sale of cultivated meat. Alabama’s law will come into effect from October.

Upside Foods and Institute for Justice argue the ban violates the US Constitution

In response to the bill, critics of the lawsuit, Upside Foods, and the Institute for Justice (IJ), a nonprofit public interest law firm, hit back with a federal lawsuit of their own.

Filed on 12 August in the US District Court for the Northern District of Florida, the lawsuit argues that the ban violates the US Constitution's prohibition on protectionist measures favouring in-state businesses over out-of-state competitors.

Paul Sherman, senior attorney at the IJ, said in a written statement: “If some Floridians don’t like the idea of eating cultivated chicken, there’s a simple solution: don’t eat it.

“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.”

Suranjan Sen, attorney at the IJ, explained that, just as California cannot ban orange juice made from oranges grown in Florida, Florida cannot ban Upside’s meat.

He added: “A major purpose for enacting the Constitution was to prevent exactly this kind of economic protectionism […]. Florida cannot ban products that are lawful to sell throughout the rest of the country simply to protect in-state businesses from honest competition.”

Florida’s agricultural commissioner responds, calling the lawsuit ‘ridiculous’

The lawsuit names agriculture commissioner Wilton Simpson, attorney general Ashley Moody, and state attorneys from four major Florida jurisdictions as defendants.

Speaking about the lawsuit to Florida’s Voice, Simpson said: “The lawsuit is ridiculous. Lab-grown ‘meat’ is not proven to be safe enough for consumers and it is being pushed by a liberal agenda to shut down farms.”

Simpson added that “Florida has the right to not be a corporate guinea pig” and referred to cultivated meat as a “Frankenmeat experiment” that should remain in California.

Precedent setting regardless of the outcome

Over a year ago, in June 2023, the US Department of Agriculture (USDA) gave the final green light to two cellular agriculture companies, Upside Foods and Good Meat, to sell their cell-cultivated chicken in the US.

Florida’s cultivated meat ban and the subsequent lawsuit could potentially set a precedent, regardless of the outcome – whether the ban is upheld or deemed unconstitutional.

If the ban is upheld, it may set a precedent for other states. Considering Alabama enacted a similar ban, there is a chance other states will follow suit, which would significantly impact the potential growth of cultivated meat across the nation.

On the other hand, Upside Foods and the IJ’s lawsuit could become a landmark case. A ruling against Florida’s ban might also prevent other states from enacting similar laws, and could potentially shape the future of cultivated meat regulation in the US

Upside Foods advocates for food choice

Alongside the lawsuit, Upside Foods has launched a public petition against the ban, in what it says is “fighting back”. The petition is titled: “Protect your right to choose what you eat. Tell politicians to stop policing your plate.”

The company also took to social media to engage with the public. Upside Foods posted a video via Instagram, with the caption: “Florida, you’ve been SERVED.”

The post promoted the idea that food choice should be a matter of consumer freedom rather than government regulation.

It read: “We’ve always thought it was clucked up that Florida’s politicians want to choose what you eat. We disagree. What you eat should be your choice – not something determined by special interests.

“Upside’s cultivated chicken has been deemed safe by the FDA and USDA. We should trust their judgement more than inexperienced and uninformed politicians.”