Upside Foods Files Lawsuit Against Florida for Cultivated Meat Ban
Since the launch of cultivated meat in the U.S. market in June 2023, it has ignited significant discourse.
Florida Governor Ron DeSantis, who enacted a law on July 1, expressed that cultivated meat “poses a threat to agriculture as we know it,” asserting that the state is “addressing this issue early on.”
The Institute for Justice, a non-profit organization focused on public interest law, is collaborating with Upside Foods, a prominent cultivated meat producer, to contest Florida’s law, which prohibits the production, distribution, and sale of cultivated meat products.
The organization has also submitted a motion for a preliminary injunction, aiming to demonstrate to other states that similar legislation wastefully utilizes time and resources, according to Madeline Cohen, senior regulatory attorney at the Good Food Institute.
The lawsuit argues that Florida’s ban is unconstitutional since it specifically targets cultivated meat produced outside the state. Additionally, it claims that the law seeks to shield local meat producers from competition, thus undermining the principles of a national market.
“If some Floridians are opposed to cultivated chicken, the solution is simple: don’t consume it,” stated Paul Sherman, senior attorney at the Institute for Justice, in a communication to Food Dive.
“The government should not restrict consumers eager to try cultivated meat,” Sherman added. “This law is not focused on safety; it aims to suppress innovation and protect established interests at the cost of consumer choice.”
Supporters of the Florida legislation argued that the law aims to defend cattle ranchers and farmers, preventing an “elitist” group from advocating for unnatural food options, as mentioned by DeSantis.
“Agriculture is the backbone of our nation,” remarked Gizmo Angus, a cattle farmer from Molino, Florida, during an interview with ABC News. “Our food supply is of utmost importance to us as farmers and producers.”
However, critics of the law maintain that such restrictions are a distraction from the broader commercialization of cultivated meat and discriminatory against the industry.
“Lawmakers should focus on creating legislation that benefits their constituents instead of unnecessarily restricting their dietary choices,” Cohen expressed.
Suranjan Sen, an attorney for the Institute for Justice, likened Florida’s prohibition on Upside Foods’ products to California banning orange juice sourced from Florida.
“The Constitution’s establishment aimed to prevent economic protectionism, ensuring that all Americans can enjoy a free and open national marketplace,” Sen explained. “Florida cannot outlaw products that are legally sold in the rest of the country merely to protect local businesses from competition.”
Both Upside Foods and Good Meat, another key player in the cultivated meat sector, gained regulatory approval from the U.S. Department of Agriculture and the Food and Drug Administration in July 2023.
Despite this, the industry faces challenges regarding consumer education and large-scale production. With limited access to funding and political hurdles like the Florida law, the viability of cultivated meat remains uncertain.
Upside Foods and Good Meat initially launched their products in restaurants located in San Francisco and Washington D.C., but these establishments have since discontinued serving cultivated items.
To mitigate production costs associated with cultivated products, several companies are developing hybrid options that blend cultivated animal cells with plant-based proteins.
Nonetheless, Cohen pointed out that cultivated meat holds the potential to address growing global meat demand, enhance food security, and combat climate change. “The query is not if the industry will expand but who will be included in its growth,” she affirmed.
China, for example, has started integrating cultivated meat into its national agricultural strategy.
Meanwhile, states like Colorado, California, and Iowa are investing in research related to alternative proteins. Cohen asserts, “Governments that opt to ban these products instead of investing in their future will ultimately find themselves left behind.”
This is not Upside Foods’ inaugural attempt to confront such political barriers. Shortly before the Florida law took effect, the company conducted a cultivated meat tasting event in Miami, featuring chef Mika Leon serving cultivated chicken dishes.
“Even with Florida’s ban in place, events like this signify the growing interest in cultivated meat and its vital role in fostering a sustainable food future,” remarked Upside Foods founder and CEO Uma Valeti.
“Anyone interested in trying cultivated meat should have that option available to them,” Valeti stated. “Our mission is to provide a delicious, safe, and ethical alternative to traditional meat, and we believe that Floridians should possess the autonomy to make their own dietary choices.”
Maria Sanchez completed her Bachelor’s degree in Plant Sciences from the University of California, Davis, in the USA. Her studies focused on plant genetics and biotechnology, with an emphasis on developing disease-resistant crop varieties. Maria has contributed to several research projects aimed at improving crop resilience to climate change and is now pursuing her Master’s degree in Plant Breeding.