Florida’s ban on 'lab-grown' meat is now being challenged in federal court (2024)

Florida’s ban on 'lab-grown' meat is now being challenged in federal court (1)

Photo via Upside Foods/Facebook

Upside Foods, one of only two companies in the country authorized to sell cultivated meat, is suing over Florida’s recently enacted ban of its product, which went into effect last month. The new law (SB 1084) makes it illegal to sell, manufacture, or distribute cultivated meat in Florida, with penalties including up to 60 days in jail and fines of up to $500.

The company, represented by the Institute of Justice, a public interest law firm, filed its lawsuit on Monday in the U.S. District Court for the Northern District of Florida in Tallahassee. It alleges that the ban violates the U.S. Constitution’s prohibition of protectionist measures favoring in-state businesses at the expense of out-of-state competitors. Upside Foods is based in Berkeley, California.

The listed defendants include Agriculture Commissioner Wilton Simpson, Attorney General Ashley Moody, and state attorneys from four of the biggest jurisdictions in Florida: Jack Campbell in the Second Judicial Circuit (including Tallahassee); Bruce Bartlett in the Sixth Judicial Circuit (Pinellas and Pasco counties); Andrew Bain in the Ninth Judicial Circuit (Orange and Osceola); and Katherine Fernandez Rundle in the Eleventh Judicial Circuit (Miami-Dade).

“The lawsuit is ridiculous,” replied Simpson in a written 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. Food security is a matter of national security, and our farmers are the first line of defense. As Florida’s Commissioner of Agriculture, I will fight every day to protect a safe, affordable, and abundant food supply. States are the laboratory of democracy, and Florida has the right to not be a corporate guinea pig. Leave the Frankenmeat experiment to California.”

Related

You can now be jailed for selling lab-grown meat in Florida: The Sunshine State is the first in the nation to ban lab-grown meat

The lawsuit says that the ban violates the Supremacy Clause of the Constitution because “it is expressly preempted by federal law regulating meat and poultry products. SB 1084 separately violates the dormant aspect of the Commerce Clause, because it was enacted with the express purpose of insulating Florida agricultural businesses from innovative, out-of-state competition like Upside. This Court should thus declare SB 1084 unconstitutional and enjoin its operation.”

Lab-grown

Cultivated meat, sometimes called lab-grown meat, is genuine animal meat (including seafood and organ meats) produced by growing animal cells directly. This eliminates the need to raise animals for food. According to the Good Food Institute, cultivated meat is made of the same cell types that can be arranged in the same or similar structure as animal tissues, thus replicating the sensory and nutritional profiles of conventional meat.

“The bill that I’m going to sign today is going to say, basically, take your fake, lab-grown meat elsewhere. We’re not doing that in the state of Florida,” Florida Gov. Ron DeSantis said when he signed the legislation on May 1. “This is not just being done willy-nilly. They want to do this stuff in a lab to be able to wipe the people sitting here out of business. We will not let that happen in the great state of Florida.”

Upside Foods and Good Meat are only two companies in the United States that have received approval from the U.S. Department of Agriculture and the Food and Drug Administration to start producing their cell-based proteins. That approval took place in June 2023.

Since then, venture capital funding for those two companies and the cultivated meat industry has slowed. The industry received $922 million in 2022 but that dropped to $226 million in 2023, according to the Good Food Institute.

“For the same reason that California cannot ban orange juice made from oranges grown in Florida, Florida cannot ban Upside’s meat,” Institute for Justice attorney Suranjan Sen said in a written statement. “A major purpose for enacting the Constitution was to prevent exactly this kind of economic protectionism, ensuring that all Americans can benefit from a free and open national market. Florida cannot ban products that are lawful to sell throughout the rest of the country simply to protect in-state businesses from honest competition.”

Florida is the first state in the country to ban cultivated meat. Alabama will become the second when its ban goes into effect on Oct. 1.

Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: [emailprotected]. Follow Florida Phoenix on Facebook and Twitter.

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Florida’s ban on 'lab-grown' meat is now being challenged in federal court (2024)

FAQs

What is the public opinion on lab-grown meat? ›

Lab-grown meat (LGM) is viewed negatively on all attributes except animal friendliness. Around one-quarter of consumers indicate a willingness to eat LG chicken and beef.

Do grocery stores sell lab-grown meat? ›

Lab-grown meat is not currently available in any U.S. grocery stores or restaurants. If some lawmakers have their way, it never will be.

Is lab-grown meat cheaper than real meat? ›

Lab-grown meat is also expensive. Per-unit costs are presently significantly higher than the traditional alternative—according to one analysis, lab-grown beef may be eight times as expensive to produce—although they have plummeted since the first lab-grown burger a decade ago.

Why are states banning lab-grown meat? ›

Bans on cell-cultivated, “lab-grown” meat are about protecting Big Ag. Kenny Torrella is a senior reporter for Vox's Future Perfect section, with a focus on animal welfare and the future of meat. Last week, Florida became the first US state to ban the production and sale of lab-grown, or “cell-cultivated” meat.

Is McDonald's using lab-grown meat? ›

Here are the facts: All of our burger patties in the U.S. are always made with 100% USDA-inspected beef. That's the only ingredient: 100% real beef. Our patties contain no preservatives or fillers, and the only thing we ever add is a touch of salt and pepper when the patties are sizzling hot on the grill.

What is the main problem with lab-grown meat? ›

Cultivated meat is not necessarily good for the environment.

It's true that the traditional methods of bringing meat to market drive irreversible climate change, but lab-grown meat presents a slightly different problem: it sucks up a massive amount of energy.

How to tell if meat is lab grown? ›

When the products do hit supermarket shelves, Chen says, “they will actually bear the stamp and seal that you expect on a piece of meat”: a little round tag certifying USDA inspection. The labels will also include the prefix “cell-cultured” to distinguish the meat from conventional barnyard fare.

What restaurants use lab-grown meat in the USA? ›

Upside Foods is serving its cultivated chicken at Dominique Crenn's Bar Crenn in San Francisco, while Good Meat will soon serve its cultivated chicken at China Chilcano, a restaurant by José Andrés in Washington D.C.

Do restaurants have to tell you if meat is lab grown? ›

Ask the server or restaurant owner where they source the chicken for their dishes. You can be as specific as to ask if the chicken is organically or conventionally raised or lab-grown. Still, it is critical to note again: Restaurants do not have to disclose where they get their meat or if their meat is lab-grown.

Does lab meat taste like meat? ›

Lab-Grown Meat Approved for Sale: What You Need to Know

At room temperature, the meat they grew didn't have much of a flavour. But when heated to 150 °C, it produced compounds associated with savoury, fruity and meaty flavours.

Who invented lab-grown meat? ›

In the 1950s, Dutch researcher Willem van Eelen independently came up with the idea for cultured meat.

Are vegans against lab-grown meat? ›

Because cultivated meat is taken from real animal cells, it is not technically vegan. But that said, because it's slaughter-free, some vegans have said they'd be open to consuming it.

Does PETA support lab-grown meat? ›

However, since keeping animals off our plates has always been a cornerstone of PETA's philosophy, we support creating meat through new technology, rather than continuing to rely on cruel and destructive factory farms and slaughterhouses.

Why might people not want to eat lab-grown meat? ›

Our feelings of disgust are, in part, born from potential exposure to disease or contamination, risks that are often highest when consuming animal products. This makes the introduction of unfamiliar meat products a tougher sell than other novel food sources, such as plant-based alternatives.

Is lab-grown meat full of chemicals? ›

Chemical contaminants could still potentially be present in the cell culture due to a lack of quality control process, such as using non-deionized or filtered water, or not using filtered air of CO2, but this would likely result in a spoiled culture medium rather than posing a risk to the consumer.

What are the arguments for lab-grown meat? ›

Cultivated meat will increase access to food and, as a result, can potentially reduce world hunger. Cultivated meat uses a fraction of the natural resources used by conventional meat and does not require the raising or slaughtering animals because sourced cells grow indefinitely.

Why did Italy ban lab-grown meat? ›

Lab-grown meat allows the production of food from animal cells, removing the environmental and ethical concerns related to livestock. Italy's move to ban the products been praised by Italian agricultural groups, keen to protect the country's €9.3 billion ($10.1 billion) meat-processing industry.

What do vegetarians think of lab-grown meat? ›

For some vegans, cultivated meat may cross an ethical line because it still relies on animal cells and byproducts. However, other vegans argue that if cultivated meat can replace the demand for conventionally-produced meat and mitigate the suffering of billions of animals, it should be considered vegan.

Is it good to eat lab-grown meat? ›

Scientists carefully screen and confirm that cells used in cultivated meat are free of infectious pathogens, including viruses, bacteria, and other microbes. Is cruelty-free: Cultivated meat also provides a cruelty-free way to enjoy animal protein.

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