Cultivated meat company UPSIDE Foods and cultivated seafood producer Wildtype have partnered with the Institute for Justice (IJ) to file a federal lawsuit against the state of Texas for banning cultivated meat.
Texas’ law, SB 261, went into effect on September 1 and imposes a total ban on the sale of cultivated meat in Texas. Penalties for violation include fines of up to $25,000 per day and even jail time.
However, the lawsuit claims that SB 261 is unconstitutional and has been introduced as a form of economic protectionism. Lawmakers openly acknowledged that the legislation was designed to protect Texas’ politically powerful ranching industry.
“For the same reason California cannot ban Texas beef in California, Texas cannot ban salmon or chicken from California,” said Uma Valeti, CEO and founder of UPSIDE Foods. “Texans deserve the freedom to decide for themselves what to eat without politicians choosing for them.”
Preventing government interference
The lawsuit challenges SB 261 by citing two provisions of the US Constitution. The Commerce Clause prohibits states from enacting protectionist measures that discriminate against out-of-state businesses, while the Supremacy Clause bars states from enacting laws that conflict with federal law.
The lawsuit asks the US District Court for the Western District of Texas to issue a preliminary injunction blocking the state from enforcing SB 261 against Wildtype and UPSIDE Foods, which have received FDA and USDA approval to sell their products in the US. The case is part of IJ’s National Food Freedom Initiative, which aims to “defend the rights of individuals to buy, sell, grow, and advertise a wide variety of foods without undue government interference”. IJ and UPSIDE Foods recently filed a similar lawsuit against Florida’s cultivated meat ban.
“We just want Texans to have a taste and make up their own minds,” said Justin Kolbeck, co-founder and CEO of Wildtype.
“Texas has always been a state with a ‘live-and-let-live’ mentality — especially when it comes to the kitchen,” added IJ Senior Attorney Paul Sherman. “No one is forcing Texans to eat anything they don’t want. But at the same time, the government shouldn’t prevent Texans from eating something they do want.”
