UPSIDE Foods, a lab-grown meat company, filed a lawsuit on Monday against the state of Florida over its recent ban on the sale of cultivated meat.
Florida became the first state in the nation to ban the sale of lab-grown meat when Gov. Ron DeSantis signed SB 1084 legislation into law in May 2024. The complaint claims that the Supremacy and Commerce clauses of the Constitution and two federal laws regulating inspection and distribution of meat products are being violated by the state’s ban.
“Our Constitution gives Congress the power to create and enforce a national common market so people can make decisions for themselves about what products they want to buy in the interstate market,” Paul Sherman, a senior attorney at the Institute for Justice, UPSIDE’s legal representative said during a Tuesday news conference. “The states simply do not have the power to wall themselves off from products that have been approved by the USDA and the FDA.”
The suit also takes aim at the broader implications of the ban, suggesting that it could set a dangerous precedent for other states to follow suit, potentially stalling the growth of the lab-grown meat industry nationwide.
Currently, Florida’s new law makes it a second-degree misdemeanor to manufacture or sell lab-grown meat in Florida, punishable by up to 60 days in jail — a penalty that UPSIDE Foods argues is both unjust and detrimental to innovation in the food sector.
The ban, which took effect in July, prohibits the manufacturing and sale of meat produced by cultivating animal cells in a laboratory.
During the signing ceremony, DeSantis was flanked by cattle ranchers and stood before a podium emblazoned with the slogan “SAVE OUR BEEF.” He declared that Florida was “fighting back against the global elite’s plan to force the world to eat meat grown in a petri dish or bugs to achieve their authoritarian goals.”
Florida’s Agriculture Commissioner Wilton Simpson, who is named as a defendant in the lawsuit, further defended the ban, asserting that lab-grown meat is “not proven to be safe enough for consumers” and is part of a “liberal agenda to shut down farms.”
Supporters of lab-grown meat argue that it has the potential to reduce environmental impacts, improve food security, and eliminate the need for animal slaughter. However, the ban has been framed by DeSantis and other Florida officials as a defense of the state’s agricultural industry.
The outcome of this lawsuit could have far-reaching consequences for the future of lab-grown meat in the United States. If the court sides with Florida, it could embolden other states to enact similar bans, thereby hindering the development of a burgeoning industry that promises to offer sustainable and ethical alternatives to conventional meat.
On the other hand, if UPSIDE Foods wins, it could pave the way for broader acceptance and availability of lab-grown meat, potentially revolutionizing the way Americans think about and consume meat.
