UPSIDE Foods, a producer of lab-grown meat, filed a federal lawsuit on Tuesday challenging Florida’s new ban on the production, distribution and sale of lab-grown meat.
of LitigationThe lawsuit, filed in the U.S. District Court for the Northern District of Florida, argues that because cultured meat is produced outside of Florida, the ban is unconstitutional because it favors in-state companies at the expense of out-of-state competitors.
The Institute for Justice (IJ), representing UPSIDE Foods, said “The law aims to protect local meat producers from competition and undermines the principle of a national common market,” the press release said.
“If any Floridians are uncomfortable eating farmed chicken, there’s a simple solution: just don’t eat it,” said IJ Senior Attorney Paul Sherman.
“The government has no right to ban cultured meat if consumers want to try it. This law is not about safety, it’s about stifling innovation and protecting vested interests at the expense of consumer choice,” Sherman added.
Cultured meat differs from vegan and vegetarian products, which try to mimic the taste of meat products using ingredients such as soy, legumes and vegetables.
UPSIDE says its meat is grown directly from real animal cells to preserve the essence and authentic taste of a natural meat product, without raising and slaughtering animals. UPSIDE is one of only two companies authorized to sell cultured meat in the United States.
Florida Governor Ron DeSantis (D) signed the ban on May 1, and it went into effect on July 1. The Hill has reached out to DeSantis’ office for comment.
In the IJ press release, the lawyers pointed to statements made by Florida Agriculture Commissioner Wilton Simpson when announcing the law, arguing that “the Act’s protectionist motivations are clear.”
“We must protect our great farmers and the health of American agriculture. Working together, Florida’s agriculture industry will remain strong and thriving,” Governor Simpson said at the time, according to an IJ press release.
IJ attorney Suranjan Sen likened a cultured meat ban to a hypothetical ban of Florida-grown orange juice in California.
“Florida can’t ban UPSIDE meat for the same reason that California can’t ban orange juice made from Florida oranges,” Sen said.
“A central purpose of the Constitution was to prevent precisely this type of economic protectionism and ensure that all Americans benefit from a free and open domestic marketplace. Florida cannot ban products that can be legally sold in the rest of the country simply to protect its own companies from fair competition.”
