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Florida Faces Lawsuit Over Ban on Lab-Grown Meat

Florida Gov. Ron DeSantis listens as Bob Vander Plaats speaks to media following a Fox News Town Hall in Des Moines, Iowa, Tuesday, Jan 9, 2024. (AP Photo/Carolyn Kaster)

UPSIDE Foods, a company specializing in lab-grown meat, has taken legal action against Florida’s recent ban on the production, distribution, and sale of such products. The lawsuit was filed on Tuesday in the U.S. District Court for the Northern District of Florida, and it claims that the ban unconstitutionally advantages local businesses, putting out-of-state competitors at a disadvantage.

The Institute of Justice (IJ), representing UPSIDE Foods, stated that the law seeks to shield local meat producers from competition. This, they argue, undermines the principles that support a national common market. “If some Floridians don’t like the idea of eating cultivated chicken, there’s a simple solution: Don’t eat it,” said IJ senior attorney Paul Sherman.

Sherman further asserted that “the government has no right to tell consumers who want to try cultivated meat that they’re not allowed to.” He emphasized that the law is not based on safety, but rather on stifling innovation and protecting established interests, ultimately limiting consumer choice.

Cultivated meat is distinct from vegan or vegetarian alternatives, which typically imitate the flavor of meat products through ingredients like soy, legumes, or vegetables. UPSIDE Foods claims its product is developed directly from real animal cells, aiming to replicate the taste and qualities of traditional meat without the necessity of raising and slaughtering animals. Currently, UPSIDE Foods is one of only two companies in the U.S. authorized to sell lab-grown meat products.

The ban, signed into law on May 1 by Florida Governor Ron DeSantis, went into effect on July 1. Attempts to reach DeSantis’s office for comments have yielded no responses as of yet.

In the IJ press release, the attorneys highlighted a statement made by Florida Commissioner of Agriculture Wilton Simpson during the announcement of the law, citing it as evidence of the law’s protectionist intentions. Simpson had remarked, “We must protect our incredible farmers and the integrity of American agriculture,” further emphasizing the goal to keep Florida’s agricultural sector robust and successful.

Comparing the ban on cultivated meats to an imagined scenario where Florida orange juice is outlawed in California, IJ attorney Suranjan Sen voiced that Florida wouldn’t be allowed to restrict products that are legally sold across the country simply to protect in-state entities from competition. “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,” Sen articulated.

This legal challenge is significant as it not only affects UPSIDE Foods but also raises broader questions about agricultural regulations and consumer innovation in the U.S. market. The outcome may set a precedent for how state laws interact with federally regulated industries, particularly those emerging industries focused on sustainability and alternative food sources.

As lab-grown meat technology advances, the legislative landscape surrounding it could shift dramatically. Depending on the court’s ruling, UPSIDE Foods may pave the way for further acceptance of cultivated meat products across various states, influencing consumer choices and industry standards.

The dispute underscores the tensions between traditional agricultural practices and the innovative approaches that aim to transform food production for a changing market. As more consumers begin to explore alternatives to conventional meat, state laws that restrict such options may come under increased scrutiny.

The case has implications that resonate beyond just the interests of UPSIDE Foods or the Florida agricultural community; it touches on consumer rights and the direction of food innovation as a whole.

Source: various sources