News
Upside Foods sues Florida over cultivated meat ban
10 Sep 2024In 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.
![Upside Foods sues Florida over cultivated meat ban](/47/pdcnewsitem/12/53/31/Vegetarian-nuggets-iStock-Mila%20Bond-1300822160.png)
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.”
Related news
![How alternative proteins could transform US agriculture and restore natural ecosystems](/47/pdcnewsitem/12/52/03/th125203.png)
How alternative proteins could transform US agriculture and restore natural ecosystems
30 Aug 2024
As the US seeks new strategies to meet its environmental targets, a recent report from the Good Food Institute (GFI) and Highland Economics highlights the potential of alternative proteins to drive significant progress.
Read more![How insecure are our global food systems?](/47/pdcnewsitem/12/52/02/th125202.png)
How insecure are our global food systems?
29 Aug 2024
Countries across the globe are struggling to secure safe and accessible food, according to recent reports.
Read more![USDA launches new nutrition hub network](/47/pdcnewsitem/12/51/67/th125167.png)
USDA launches new nutrition hub network
22 Aug 2024
The United States Department of Agriculture (USDA) will invest $4.5 million into providing nutritional advice and guidance across the US.
Read more![Vitamin Shoppe says popularity of GLP-1 medication is driving demand for nutritional support](/47/pdcnewsitem/12/51/66/th125166.png)
Vitamin Shoppe says popularity of GLP-1 medication is driving demand for nutritional support
21 Aug 2024
US health and supplement retailer Vitamin Shoppe has highlighted growing demand in nutritional support for GLP-1 weight loss medication users as one of its top current trends.
Read more![Will ‘foie gras’ become the EU’s first approved cultivated meat?](/47/pdcnewsitem/12/51/54/th125154.png)
Will ‘foie gras’ become the EU’s first approved cultivated meat?
20 Aug 2024
French startup Gourmey has submitted its cultivated foie gras for approval in the European Union (EU), signalling the first application of its kind in the region.
Read more![UPF policies stall amid confusing science](/47/pdcnewsitem/12/50/88/th125088.png)
UPF policies stall amid confusing science
14 Aug 2024
As a new WHO report puts processed foods in the same harmful category as tobacco, confusion behind ultra-processed food (UPF) science remains, stalling policy and regulatory creation.
Read more![Voyage Foods launches beanless coffee](/47/pdcnewsitem/12/50/18/th125018.png)
Voyage Foods launches beanless coffee
8 Aug 2024
US company Voyage Foods has launched a range of “bean-free brews”, an alternative to coffee made from roasted rice hulls, chickpeas, and caffeine derived from green tea.
Read more![Rising orange juice prices press brands to innovate](/47/pdcnewsitem/12/49/49/th124949.png)
Rising orange juice prices press brands to innovate
29 Jul 2024
Supply constraints, crop disease, high prices, and changing consumer preferences are hitting the orange juice industry. Manufacturers are responding by turning to alternatives like functional formulations.
Read more![Bayer shutters its personalised supplement business Care/Of](/47/pdcnewsitem/12/49/45/th124945.png)
Bayer shutters its personalised supplement business Care/Of
24 Jul 2024
Care/of was once heralded as a next-generation supplement brand but, as the category expanded, it failed to keep up with increased competition – leading to Bayer’s recent decision to end operations.
Read more![Industry fights New York age limit for supplements](/47/pdcnewsitem/12/49/44/th124944.png)
Industry fights New York age limit for supplements
23 Jul 2024
As New York state pushes forward with its regulation imposing an age limit for certain weight loss and muscle-building supplements, the nutraceutical industry is pushing back.
Read more