Wildtype, Upside Foods Sue Texas for Banning Cultured Meats
Wildtype and Upside Foods, two developers of cultured animal proteins, with the help of the Institute for Justice have filed a lawsuit challenging Texas’ ban on cultivated meats, claiming it violates the Commerce and Supremacy Clauses of the U.S. Constitution.
The lawsuit argues that Texas law SB 261 “is nothing more than unconstitutional economic protectionism” promoting in-state agricultural interests from innovative, out-of-state competition. “That’s not just wrong, it’s unconstitutional,” said the groups’ media release today (Sept. 3).
The Commerce Clause prohibits states from enacting protectionist measures that discriminate against out-of-state businesses. The Supremacy Clause bars states from enacting laws that conflict with federal law.
Upside and the institute used the same argument for suing Florida for its cultured meat ban in August of 2024.
Upside Foods is developing cultured chicken and Wildtype is creating seafood. Both have production approvals from FDA and USDA.
Texas Gov. Greg Abbott signed SB 261 into law on June 20, and it went into effect two days ago, Sept. 1. It imposes a total ban on the sale of cultivated meats in Texas, with violations carrying steep penalties, including fines of up to $25,000 per day and even jail time.
“Instead of being motivated by safety concerns, lawmakers openly acknowledged that the law was designed to protect Texas’ politically powerful ranching industry from out-of-state competition,” said the groups’ media release.
“For the same reason California cannot ban Texas beef in California, Texas cannot ban salmon or chicken from California,” said Uma Valeti, CEO and founder of Upside Foods. “Texans deserve the freedom to decide for themselves what to eat without politicians choosing for them.”
The lawsuit asks the U.S. District Court for the Western District of Texas to issue a preliminary injunction to block the state from enforcing SB 261 against Wildtype and Upside, ensuring that both companies can continue making their products available to willing Texas consumers while the case proceeds.
We don't think Upside is selling any cultured chicken in the Lone Star state, but Wildtype's salmon is being served in Austin sushi restaurant Otoko, at least for a limited time.
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.