Federal lawsuit against Florida ban on ‘lab-grown’ meat still alive after judge’s ruling

A lawsuit against Florida’s ban on “lab-grown” meat is still alive after a federal judge tossed four parts of the suit on Friday but kept a fifth.

Northern District of Florida Chief Judge Mark Walker declined to dismiss a part of the lawsuit that argued Florida’s restrictions give an unconstitutional advantage to Florida farmers over out-of-state competitors. Meanwhile, the judge sided with state attorneys seeking to dismiss the lawsuit and their argument that federal approval of cultivated chicken doesn’t mean individual states can’t ban it.

U.S. regulators first signed off on the sale of what’s known as “cell-cultured” or “cell-cultivated” meat in June 2023. The lawsuit had argued that Florida’s law is preempted under federal laws that regulate the interstate market for meat and poultry products. Sellers say the product is a more ethical and sustainable alternative to conventionally raised chicken, beef and pork.

But lawmakers in Florida, Alabama and Mississippi have called cultivated meat a threat to their states’ agriculture industries and banned the sale of the product, which is made of animal cells that are fed a mix of proteins, vitamins and water and then formed into nuggets, sausages and steaks.

The lawsuit was filed last year by Upside Foods, represented by the nonprofit law firm the Institute for Justice.

“Upside is not looking to replace conventional meat, which will always have a place at the table,” Upside CEO Uma Valeti said in a statement. “All we are asking for is the right to compete, so that Floridians can try our product and see that it is possible to have delicious meat without the need for slaughtering animals. Today’s ruling is an important step toward securing that right.”

The governor’s office and the Florida Department of Agriculture and Consumer Services didn’t immediately respond to emails seeking comment about the lawsuit.

Gov. Ron DeSantis was flanked by cattle farmers last May when he signed the state’s cultivated meat ban into law.

“We stand with agriculture, we stand with the cattle ranchers, we stand with our farmers because we understand it’s important for the backbone of the state,” DeSantis said. “Take your fake lab-grown meat elsewhere.”