After filing a lawsuit against Florida’s cultivated meat ban in August of last year, UPSIDE Foods has been granted an important first-round victory by Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida. The ruling denies an attempt by the government to dismiss the legal challenge, meaning the case will progress in the trial court.
UPSIDE’s lawsuit alleges that Florida’s cultivated meat ban violates the Commerce Clause of the U.S. Constitution because it was enacted to shield in-state conventional meat producers from out-of-state cultivated meat producers. Furthermore, UPSIDE claims the ban is preempted under federal laws that regulate the interstate market for meat and poultry products.
UPSIDE is represented by the nonprofit law firm the Institute for Justice (IJ).
“One of the primary reasons for the enactment of the Constitution was to secure a national common market,” said IJ Senior Attorney Paul Sherman. “Today’s ruling is an important vindication of the principle that states cannot close their borders to innovative out-of-state competition, and a warning to other states that are considering banning cultivated meat.”
The right to compete
In 2023, UPSIDE gained FDA and USDA approval to distribute its cultivated chicken product in interstate commerce. However, the animal agriculture industry was quick to lobby against the new technology, and Florida became the first state to ban cultivated meat in 2024.
Alabama introduced a ban soon afterward, followed by Mississippi in 2025. Other states are considering similar legislation.
In March, UPSIDE announced it was making workforce reductions amid a strategic restructuring aimed at improving efficiency. The company said it intended to streamline operations and focus on the commercialization and scaling of its products.
“UPSIDE is not looking to replace conventional meat, which will always have a place at the table,” said Dr. Uma Valeti, CEO of UPSIDE. “All we are asking for is the right to compete, so that Floridians can try our product and see that it is possible to have delicious meat without the need for slaughtering animals. Today’s ruling is an important step towards securing that right.”
