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Upside Foods has secured a significant ruling from the US District Court for the Northern District of Florida, allowing its challenge against the state’s ban on cultivated meat to proceed. Chief Judge Mark Walker denied a motion to dismiss the lawsuit, which argues that Florida’s prohibition on cultivated meat is unconstitutional and serves to protect local agricultural interests from competition.

Cultivated meat, produced in controlled environments from animal cells, represents a growing segment of the food industry aimed at providing sustainable alternatives to traditional meat. Upside Foods received regulatory approval from the FDA and USDA in 2023 to market its cultivated chicken product. However, following this development, various agricultural groups in Florida lobbied for restrictions on such innovations, leading to the enactment of the ban on July 1 2024.

Uma Valeti, CEO of Upside Foods, highlighted that the company is not seeking to replace conventional meat but rather to compete fairly in the market. “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,” Valeti stated in response to the ruling.

The lawsuit, filed in August 2024 with the assistance of the Institute for Justice (IJ), asserts that Florida’s ban violates the Commerce Clause of the US Constitution by unfairly restricting out-of-state producers from entering the market. The IJ argues that such protectionist measures undermine the principles of a national common market established by the Constitution.

Paul Sherman, senior attorney at IJ, commented: “Today’s ruling is an important vindication of the principle that states cannot close their borders to innovative out-of-state competition.” This case may set a precedent for other states contemplating similar bans on cultivated meat products.

Upside Foods has been a vocal advocate for the cell-based meat industry, emphasising the potential of cultivated meat to address sustainability and ethical concerns associated with traditional livestock farming. The company has actively engaged with policymakers and industry stakeholders to promote a regulatory framework that supports innovation in food production.

In 2023, Upside Foods made headlines by becoming one of the first companies to receive USDA approval for its cultivated chicken product, marking a significant milestone for the sector. This approval not only validates the safety and viability of cultivated meat but also sets a precedent for future products in the market. As Upside continues to navigate the regulatory landscape, it remains committed to advancing the acceptance and availability of cultivated meat as a viable alternative for consumers.