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.”