UPSIDE Foods Sues Florida Over Cultivated Meat Ban
The Institute for Justice, a nonprofit, public interest law firm, filed a lawsuit challenging a newly enacted Florida law that bans the production, distribution, and sale of cultivated meat, which allows consumers to enjoy the taste of meat grown directly from real animal cells, without the need to raise or kill animals.
The lawsuit, which was filed in the U.S. District Court for the Northern District of Florida, argues that Florida’s ban violates the Constitution’s provisions that prohibit protectionist measures designed to favor in-state businesses at the expense of out-of-state competitors. By targeting cultivated meat, which is produced outside Florida, the law seeks to protect local meat producers from competition, undermining the principles of a national common market.
“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 the Institute for Justice. “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.”
To bring this lawsuit, IJ partnered with UPSIDE Foods, a pioneering company in the field of cultivated meat. Founded by cardiologist Dr. Uma Valeti, UPSIDE Foods was born out of a transformative experience Valeti had while running a student kitchen in college. When he needed to buy meat at a slaughterhouse, he was profoundly dismayed to see animals suffer.
Vowing to find a more humane and sustainable way to produce meat, he established UPSIDE Foods in 2015, which now produces chicken meat grown directly from real chicken cells. This innovative process allows UPSIDE Foods to produce meat without the need for raising and slaughtering animals, providing a cruelty-free alternative that maintains the taste and texture of conventional meat. In fact, UPSIDE’s chicken is cooked and prepared the same way as conventional chicken.
UPSIDE’s chicken has been given a green light by both the FDA and USDA, affirming its safety and quality. And because it is cultivated in a controlled environment, the process has the potential to reduce the risk of food borne illnesses, contaminations, and other issues present in modern animal agriculture.
“Anyone who wants to try cultivated meat should have the opportunity to do so,” said Valeti. “Our mission is to offer a delicious, safe, and ethical alternative to conventional meat, and we believe Floridians deserve the freedom to make their own food choices. Cultivated meat represents a significant advancement in food technology with the potential to improve supply chain resilience and we are committed to making it available to all.”
On May 1, Florida Gov. Ron DeSantis signed SB 1084, banning the manufacture, sale, or distribution of cultivated meat in Florida. It went into effect on July 1, 2024. In a statement announcing the law, Florida Commissioner of Agriculture Wilton Simpson made its protectionist motivations clear, saying: “We must protect our incredible farmers and the integrity of American agriculture . . . . Together, we will keep Florida’s agricultural industry strong and thriving.” Gov. DeSantis said cultivated meat “is designed to be a threat to agriculture as we know it. . . . [W]e’re snuffing this out at the beginning.”
“For the same reason that California cannot ban orange juice made from oranges grown in Florida, Florida cannot ban UPSIDE’s meat,” explained IJ Attorney Suranjan Sen. “A major purpose for enacting the Constitution was to prevent exactly this kind of economic protectionism, ensuring that all Americans can benefit from a free and open national market. Florida cannot ban products that are lawful to sell throughout the rest of the country simply to protect in-state businesses from honest competition.”
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Meati Hires Bortells as COO, Adds O’Grady to Board
Meati, maker of mycelium superfood cutlets and steaks sold nationwide, has added two leaders who will help Meati reach its vision to bring one of the healthiest foods on the planet to kitchen tables all around the world.
The new additions include John Bortells, chief commercial officer, and Becky O’Grady, board member. Both bring a passion for Meati’s mission and deep practical expertise scaling brands to national success.
As CCO, Bortells will be focused on driving revenue and expanding Meati’s market. He will oversee sales, marketing and customer experience.
Bortells has worked with brands at all stages of growth – from emerging brands including a2 Milk and Clover Sonoma, to mid-size brands like Mighty Leaf Tea to billion dollar, household names including PepsiCo. His areas of experience are also widely varied from retail, to food service, quick serve restaurants, distributor channels, broker and franchise management, joint ventures, manufacturing and co-manufacturing environments, private equity businesses and family and founder-owned companies.
“John is a fantastic addition to Meati and the mycelium category overall. He’s a demand generation savant with extensive experience,” said Phil Graves, CEO of Meati. “What impressed us most about John is his track record of scaling ambitious, mission-driven brands to national prominence. When many doubted dairy due to lactose allergies, John and his team successfully introduced a2 milk as a safe and enjoyable option. His deep understanding of food, nature and innovation in culinary experiences is unparalleled.”
“I’ve been inspired by the benefits of mycelium ever since I read the book ‘Entangled Life,’ by Merlin Sheldrake,” said Bortells. “The way I see it, there are two missions with Meati and mycelium more broadly: the first is to offer the best tasting food with the best nutrient profile, to as many people as possible. The second is to help heal the earth along the way. My job is to show people what’s possible here.”
O’Grady joins as the newest director on Meati’s board. O’Grady has a long history of working in the highly competitive consumer packaged goods industry, having spent the bulk of her career at General Mills.
She has over 25 years of experience across emerging and developed markets. She has led global brands, teams and P&L’s, and guided their expansion through retail channels including restaurants and joint venture partnerships. She is also a board member for Tropicale Foods, La-Z-Boy Incorporated, Ripple Foods and HALO Branded Solutions.
“I’ve worked with CPG brands for my entire career, and based on my experience, I can definitively say that there’s a lot of promise in Meati. There’s no reason it can’t become a nationally-recognized, household name,” said O’Grady. “I’m excited to be a part of that journey.”
Meati was founded in 2017 in Boulder, Colo., with the vision of bringing mycelium, one of the most nutrient-dense superfoods on the planet, to kitchen tables all over the world.
Made with only a handful of ingredients, Meati’s cutlets and steaks are 95 percent mycelium. They are high in protein, fiber, and minerals, and low in carbohydrates, fats and cholesterol.
Created using a natural fermentation process with no heavy metals, pesticides or antibiotics, the whole foods don’t include any chemicals or preservatives that you can’t pronounce; they’re also free of the top nine most common allergens.
Beloved by vegetarians and meat eaters alike, Meati is sold in 7,000 stores nationwide, including the Kroger family of stores, Albertsons and Safeway stores, Super Target, Whole Foods Market, Sprouts Farmers Market, Meijer, Fresh Thyme, Natural Grocers, Wegmans and more.
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Palacios, EVERY Partner to Make Products Using Animal-Free Eggs
Grupo Empresarial Palacios Alimentación – the world’s largest producer of string chorizo and Spanish omelets and Spain’s leading producer of frozen desserts – has formalized a commercial agreement with The EVERY Company, a trailblazer in crafting highly functional ingredients without the use of animals.
This partnership marks a significant milestone for the food industry as Palacios will incorporate EVERY Egg, the world’s first chicken egg created without hens, into its flagship Spanish omelets and into the research and development of new products.
EVERY Egg made its prestigious debut at the 3-Michelin-Star restaurant, Eleven Madison Park, where its exceptional quality and versatility were showcased across a variety of dishes. From the delicate textures of a French omelet and the rich depths of a crème brûlée to the intricate layers of a chawanmushi and the innovative twist in a foaming cocktail, EVERY Egg has proven its culinary prowess, mirroring the traditional hen egg in both taste and functionality.
Palacios — which began as a local butcher shop in Albelda de Iregua, La Rioja, Spain before transforming itself into the world’s leading producer of Spanish omelets — has been on the forefront of integrating breakthrough innovations into traditional recipes. Palacios has a firm commitment to innovation, and proof of this is the start of this joint collaboration: quality, tradition and innovation go hand in hand.
“We were genuinely amazed by the delicious taste and culinary versatility of EVERY Egg,” the company says. “Its ability to seamlessly blend into a wide range of dishes while maintaining the authentic taste and texture of a high-quality hen egg is remarkable.”
With EVERY Egg, food companies finally have access to a guaranteed safe, reliable and humane egg source.
The partnership between EVERY and Palacios is a pioneering alliance that promises to revolutionize the food industry, bringing better ingredients to traditional dishes and introducing new culinary experiences for chefs and food enthusiasts worldwide.
Grupo Palacios originated in the 1960s, when Jaime Palacios and his wife, Dolores, continued the family business of a butcher shop in Albelda de Iregua, La Rioja. The big leap for the company began in 1983, with the inauguration of its sausage factory in Albelda de Iregua.
Since 1999, the company implemented a diversification strategy by introducing other value-added food products, including fresh tortillas, refrigerated pizzas, and frozen pastries, in addition to a complete range of 100 percent plant based products. Palacios has generated a turnover of more than 380 million euros in 2023, has 11 production plants in Spain, 1 in the United Kingdom and another in the United States, and its products are distributed in more than 50 countries.
In addition, Palacios has consolidated its position as the world’s leading company in the manufacture and marketing of chorizo sarta and refrigerated potato tortillas, with a workforce of more than 1,000 employees. The company constantly seeks innovative ways to reduce its environmental impact and promote responsible practices throughout its value chain.
The EVERY Company is a leader in the food technology space and is the first company in the world to commercialize highly functional egg proteins produced without chickens. Based in Daly City, Calif., EVERY has enhanced numerous commercial categories with its game-changing proteins, including pressed juice, baked goods and beverage alcohol, with more to come. With investors including AB InBev, the world’s largest fermentation company, and Anne Hathaway, EVERY has been recognized as one of the 50 Hottest Tech Companies in the World by Crunchbase, and among the 50 NEXT companies to Disrupt the World.
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