A California-based company that manufactures meat from animal cells has filed a federal lawsuit in a bid to overturn a new Florida law that bans the sale of “cultivated meat."
Upside Foods Inc. filed the lawsuit against Florida’s agricultural commissioner and other state officials on Aug. 12 in the Northern District of Florida. The company is no longer able to distribute its cultivated meat products in Florida as a result of Senate Bill 1084, which was enacted this year.
“Upside doesn’t want to force anyone to eat cultivated meat,” the lawsuit states. “But it does want the opportunity to distribute its product to willing consumers, so that those consumers can decide for themselves whether Upside’s product is worth eating. And Upside has a right to do so, because SB 1084 is unconstitutional.”
The complaint alleges that the new law, which took effect on July 1, violates the U.S. Constitution’s supremacy clause since the law is arguably preempted by federal laws regulating poultry and meat.
“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,” the lawsuit states.
The Institute for Justice (IJ), a nonprofit national law firm, is representing the plaintiff, many of whose customers have expressed concern about the ethics of slaughtering billions of chickens and tens of millions of cows for food. Producing cultivated meats doesn’t require raising and butchering animals for food, according to IJ.
In signing SB 1084 into law, Florida Gov. Ron DeSantis and other officials cited concerns about the “global elite” and protecting Florida’s agricultural industry.
“Florida is fighting back against the global elite’s plan to force the world to eat meat grown in a petri dish or bugs to achieve their authoritarian goals,” DeSantis said in May. “Our administration will continue to focus on investing in our local farmers and ranchers, and we will save our beef.”
Upside, in its lawsuit, however, points out that its products are regulated for safety since the process of growing animal cells in sanitary facilities is overseen by the U.S. Department of Agriculture and the U.S. Food and Drug Administration. In addition, the company has a right to sell its products in interstate commerce, according to the complaint.
The Florida Department of Agriculture and Consumer Services did not respond to a request for comment, but the department’s secretary said in a recent opinion article that lab-grown meat is an attempt by “radical environmental activists” to destroy traditional agriculture.
“These aren’t just misguided ideas; they are direct attacks on our nation’s farmers, the very industry that puts food on our tables and supports countless jobs and livelihoods,” Wilton Simpson said in the Aug. 15 article. “These groups, who care more about politics than people, are pushing for a future where our food comes from petri dishes instead of pastures and fields. Florida won’t stand by and let that happen.”
One of the IJ attorneys handling the litigation, Suranjan Sen, said other states are looking to follow Florida’s lead in challenging lab-grown meat products..
“Laws similar to Florida’s have been passed in Alabama (though Alabama’s does not come into effect until October),” Sen told the Florida Record in an email. “Politicians in some other neighboring states have introduced similar restrictions. That’s one reason for pursuing this case – to prevent various states from following Florida’s lead and likewise protect their in-state agriculture interests from interstate competition.”
The plaintiffs’ attorneys are about to file a motion for a preliminary injunction to put a hold on the new law while the issues are being litigated, he said
“Florida’s attorneys have told us that they do not consent to a preliminary injunction, so they will be filing a response against our motion,” Sen said.
The plaintiff is also seeking a declaration that the new Florida law is unconstitutional and an award of attorney fees and court costs.