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Lawsuit Against Florida’s Cultured Meat Ban Moves Forward

May 1, 2025

Federal judge denies state’s petition to dismiss Upside Foods’ lawsuit, which centers on the Constitution’s Commerce Clause.

Dave Fusaro

Upside Foods last month won the key part of a first-round battle with Florida over that state’s ban on cultivated meat.

A U.S. District Court judge denied the state’s petition to dismiss Upside’s lawsuit, which centers on the Commerce Clause of the U.S. Constitution. That clause prohibits states from interfering in certain forms of interstate commerce.

Florida Gov. Ron DeSantis in May 2024 signed a bill not only banning but criminalizing the manufacture and sale of cultured meat in Florida. A statement from the governor’s office said legislators were protecting the state’s livestock and poultry industries, and he even linked the still far-off technology to a global conspiracy involving the World Economic Forum.

Alabama, Arizona and Tennessee also have passed laws prohibiting cultured or cultivated meat. Cultured meat is still years away from grocery stores but it has been approved by FDA and USDA.

“Upside is not looking to replace conventional meat, which will always have a place at the table,” said Uma Valeti, CEO of Upside. “All we are asking for is the right to compete, so that Floridians can try our product.”

Chief Judge Mark Walker did deny other parts of Upside’s petition, but this case will continue moving forward in the trial court.

About the Author

Dave Fusaro | Editor in Chief

Dave Fusaro has served as editor in chief of Food Processing magazine since 2003. Dave has 30 years experience in food & beverage industry journalism and has won several national ASBPE writing awards for his Food Processing stories. Dave has been interviewed on CNN, quoted in national newspapers and he authored a 200-page market research report on the milk industry. Formerly an award-winning newspaper reporter who specialized in business writing, he holds a BA in journalism from Marquette University. Prior to joining Food Processing, Dave was Editor-In-Chief of Dairy Foods and was Managing Editor of Prepared Foods.