TALLAHASSEE, Fla. — Florida’s getting taken to court over its ban on cultivated meat, that stuff not from a cow, but a laboratory. Attorneys for a California producer are now saying the restrictions are unfair and unconstitutional.
The lawsuit was filed Monday in federal court for Florida’s Northern District, which is right up the road from the state capitol in Tallahassee. If it goes plaintiffs' way, it could unravel one of the nation’s first bans on synthetic meat.
“We're not looking to replace conventional meat, which will always have a place on our tables," said Dr. Uma Valeti, UPSIDE Founder. "We want to give consumers a choice.”
Dr. Valeti, a cardiologist by trade, started UPSIDE Foods in 2015. The Berkley-based company grows meat, poultry, and seafood directly from animal cells. It's now suing Florida, its commissioner of agriculture, and its attorney general over that 2024 ban on synthetic meat, SB 1084. The new law, which took effect in July, prevents the sale and manufacture of the stuff in the Sunshine State.
In UPSIDE's complaint, attorneys say the restrictions are unconstitutional because the federal government has authority over meat and poultry regulation. Plus, they allege SB 1084 was an effort to shield Florida farmers from competition.
“The states simply do not have the power to wall themselves off from products that have been approved by the USDA and the FDA," said Paul Sherman, an attorney for the Institute for Justice, which is representing UPSIDE. "And if consumers don't like the idea of cultivated meat, there's a simple solution—they don't have eat it.”
Florida’s Ag Commissioner Wilton Simpson called the lawsuit “ridiculous” in a statement.
“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," said Simpson. "Leave the Frankenmeat experiment to California.”
His comments echo Gov. Ron DeSantis, who signed the restrictions into law earlier this year. At a press conference in February, DeSantis made clear his intention to make the legislation law.
“You need meat, ok?" he said. "We’re going to have meat in Florida. We’re not going to have fake meat. Like, that doesn’t work.”
SB 1084's sponsor didn't immediately respond to a request for comment on the lawsuit. When we spoke during the legislative session a few months ago, Rep. Danny Alvarez (R-Riverview), also stressed safety. That was despite federal regulators giving cultivated meat a green light in 2023.
“Simply put, it's safety," said Alvarez. "There's no long-term safety data on cultivated protein, we know that it can happen, and we know that it's been approved by the USDA for human consumption. But after that, we don't have any idea what it'll do. So until then, we're just gonna pump the brakes.”
Those “breaks" may not last if the lawsuit is successful. Attorneys are seeking an injunction to prevent its enforcement. That would not only halt a similar law in Alabama but prevent other states from getting a taste for the idea going forward.
Plaintiffs attorneys have said they’ll also be seeking a preliminary injunction to put the new law on hold until the whole legal matter is resolved. They plan to have that filed by the end of the week. From there it’ll be the judge’s decision to decide what comes next.
