USA – A federal judge has rejected Upside Foods’ attempt to temporarily block Florida’s ban on cultivated meat, casting uncertainty over the company’s plans to feature its products at Miami’s Art Basel festival in December.
In a 21-page ruling issued last Friday, Chief US District Judge Mark Walker declined to grant the Californian food tech company’s request for a preliminary injunction.
If approved, the injunction would have allowed Upside Foods to showcase its lab-grown chicken at the Art Basel event, scheduled for December 6-8.
Florida became the first US state to outlaw cultivated meat earlier this year, classifying the production, sale, or distribution of lab-grown meat as a second-degree misdemeanor.
The legislation, signed by Governor Ron DeSantis in May, went into effect on July 1.
Upside Foods, one of only two companies cleared by the USDA and FDA to sell cultivated meat in the US, responded by filing a lawsuit against the state in August.
The company has argued that Florida’s ban violates federal law and has described the restrictions as unconstitutional.
Upside Foods claims that the federal Poultry Products Inspection Act (PPIA), which mandates USDA and FDA inspection of all poultry products, overrides Florida’s prohibition on the sale of cultivated meat.
According to the company’s legal team, this means the state has no authority to ban the sale of cultivated chicken, which is derived from chicken cells.
Paul Sherman, senior attorney at the Institute for Justice, explained, “The federal government has approved Upside’s cultivated chicken for use in poultry products, but Florida is saying it cannot be sold. The state does not have that authority.”
Florida countered by arguing that lab-grown chicken is not covered under the legal definition of poultry products.
However, Judge Walker agreed with Upside Foods’ position, acknowledging that the company’s cultivated meat is indeed derived from chicken cells.
As a result, Upside Foods’ plans to feature its products at upcoming events in Florida, including Art Basel, remain in doubt while the lawsuit continues.
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