Upside Loses One Battle Against Florida Ban on Cultured Meats

The 11th Circuit Court of Appeals on March 23 rejected a cultured chicken company’s bid for a preliminary injunction to block Florida's ban on lab-grown meats. Upside Foods’ broader challenge to the Florida law remains alive in district court.

Upside Foods, which has FDA approval to sell cultured chicken, has been fighting the state’s prohibition against cultured meats since May 2024, when Gov. Ron DeSantis signed a bill not only banning but criminalizing the manufacture and sale of cultured meat in Florida.

Upside’s main defense centers on the Commerce Clause of the U.S. Constitution, which prohibits states from interfering in certain forms of interstate commerce. The March 23 decision was only for a preliminary injunction in which Upside claimed the Poultry Products Inspection Act pre-empts the Florida law – a claim that even Upside’s lawyers said “is subject to a demanding legal standard.”

“Today’s ruling is not the end of this case; not by a long shot,” said Institute for Justice Senior Attorney Paul Sherman, whose group has joined Upside in this case. “Upside’s broader challenge to Florida’s protectionist ban remains alive in the district court, and we look forward to continuing to litigate this case as it moves through the courts.”

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.