Florida’s ban on cultivated meat is being challenged in federal court docket in a lawsuit that was filed yesterday. The case is being introduced by the cultivated meat agency Upside Meals and the Institute of Justice (IJ), a nonprofit public curiosity legislation agency.
Florida governor Ron DeSantis signed the laws making the sale of cultivated meat illegal in Florida on Could 1, and the invoice got here into impact on July 1. Alabama passed a similar invoice banning cultivated meat that can come into impact from October 1.
The case introduced by Upside Meals and the IJ argues that Florida’s ban is unconstitutional in three other ways. First, they argue, the ban violates the Supremacy Clause that provides federal legislation precedence over state legislation in sure situations. The court docket case argues that the Florida ban violates two completely different provisions within the Federal Meat Inspection Act and Poultry Merchandise Inspection Act.
The authorized complaint additionally alleges that the ban violates the Commerce Clause, which supplies the US Congress unique energy to manage interstate commerce. The IJ argues that the Commerce Clause restricts states from enacting legal guidelines that unduly prohibit interstate commerce, and that Florida’s ban in its present kind has the impact of discriminating towards it.
“Florida’s legislation has nothing to do with defending well being and security,” stated IJ senior lawyer Paul Sherman in a press convention in the present day. “It’s a clear instance of financial protectionism.”
Sherman stated that Upside Meals and the IJ would additionally apply for a preliminary injunction that may enable the corporate to promote cultivated meat in Florida whereas the authorized problem remains to be ongoing. The criticism says that Upside had deliberate to distribute its cultivated rooster at Artwork Basel in Miami in early December 2024. The corporate protested the Florida ban by holding a tasting of its rooster on June 27 in Miami, shortly earlier than the ban got here into impact.
Sherman stated that the Alabama ban was additionally “in our sights” however that the IJ had focused the Florida legislation because it got here into impact earlier than the Alabama ban. “We’re hoping we’ll be capable to get a fast ruling [in Florida] on a preliminary injunction there,” and use that as a precedent to problem the Alabama ban, he stated.
The lawsuit was welcomed by the Good Meals Institute (GFI), a nonprofit centered on advancing different proteins and which is serving as a consulting consul on this case. “Shoppers ought to resolve what sort of meat they wish to purchase and feed their households—not politicians. This lawsuit seeks to guard these shopper rights, together with the rights of corporations to compete in a good and open market,” stated GFI’s director of regulatory affairs Laura Braden in an emailed assertion.
Florida agricultural commissioner Wilton Simpson praised the invoice banning cultivated meat for shielding the state’s agricultural business towards new methods of creating meat. “We should defend our unbelievable farmers and the integrity of American agriculture. Lab-grown meat is a disgraceful try to undermine our proud traditions and prosperity, and is in direct opposition to genuine agriculture,” he stated when the invoice was signed.
However within the press convention, Upside Meals CEO Uma Valeti argued that cultivated meat needs to be seen as a complement, not a substitute, to standard animal agriculture. He stated that watching the Florida legislature cross the invoice banning his rooster “felt like watching an outdated boys’ membership” of legislatures defending an incumbent business towards a brand new expertise.
Up to date 8-15-2024 00:00 am BST: Particulars of the Good Meals Institute’s areas of focus have been up to date.