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Legal Battle Erupts as Florida’s ‘Fake Meat’ Ban Affects Company’s Plans to Serve It at Festival

Governor DeSantis, Governor of Florida

A California company specializing in lab-grown meat is challenging Florida’s groundbreaking ban on the product in federal court. UPSIDE Foods Inc., based in Berkeley, filed the lawsuit in Tallahassee on Monday, arguing that the ban, enacted by Governor Ron DeSantis on May 1, infringes upon constitutional rights.

Paul Sherman, a senior attorney with the Institute for Justice, which is handling the case, announced on Tuesday that the company will soon seek a preliminary injunction. This legal action aims to allow UPSIDE Foods to present its lab-grown meat at an upcoming Miami Beach art festival.

Governor DeSantis defended the ban as a measure to protect Florida’s cattle industry from what he described as a global push by “elites” to eliminate traditional farming. “Take your fake lab-grown meat elsewhere,” DeSantis remarked, underscoring his administration’s stance against the product.

UPSIDE Foods argues lab-grown meat offers a more ethical alternative to conventional meat and could benefit the environment

However, UPSIDE Foods’ CEO and founder, Uma Valeti, emphasized that their lab-grown meat is not intended to replace conventional meat but to offer a more ethical alternative to animal slaughter. The company argues that lab-grown meat could help lower greenhouse gas emissions and reduce the land needed for traditional meat production.

Florida’s Republican agriculture commissioner, Wilton Simpson, dismissed the lawsuit as “ridiculous” and a move by liberals to undermine the farming industry. Simpson’s department oversees food safety laws in the state.

UPSIDE Foods contends that Florida’s ban is the first of its kind in the U.S., with Alabama set to follow suit later this year. Sherman argues that such bans could set a precedent allowing states to impose restrictions on other food products. He stresses that if consumers are opposed to lab-grown meat, they can simply choose not to consume it, but cannot restrict others’ choices.

The bill, FL SB1084 (24R), passed Florida’s Senate and House largely along party lines, with Democrats criticizing it as a negative signal against innovative food technologies. Bill proponents labeled the product as “fake meat” and questioned its safety, despite USDA approval under the Biden administration. Simpson called it a “Frankenmeat experiment” unsuitable for Florida.

Valeti countered that both the FDA and USDA have confirmed the safety of lab-grown meat, with regular inspections conducted by the USDA. Sherman added that federal laws should override state regulations on meat products, arguing that allowing states to ban certain meats could lead to conflicts within the national market. The lawsuit targets Simpson, Attorney General Ashley Moody, and four state attorneys.

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