A Federal Judge Greenlights a Lawsuit That Claims Florida’s Ban on Lab-Grown Meat Is Unconstitutional
“We will save our beef,” Florida Gov. Ron DeSantis declared when he signed the nation’s first ban on cultivated meat last May, portraying the law as part of his administration’s “focus on investing in our local farmers and ranchers.” Florida Commissioner of Agriculture Wilton Simpson concurred that the governor was “standing up for Florida’s farmers and consumers,” saying “we must protect our incredible farmers” from “a disgraceful attempt to undermine our proud traditions and prosperity.” He promised to “keep Florida’s agricultural industry strong and thriving.”
According to Upside Foods, a California-based manufacturer of lab-grown poultry products, those comments reflect the protectionist motivation of Florida’s law, which it says effectively discriminates against out-of-state businesses. On Friday, a federal judge in Florida concluded that the company, which sued state officials last August, had plausibly alleged a violation of the “dormant” Commerce Clause, a doctrine that “prevents the States from adopting protectionist measures and thus preserves a national market for goods and services,” as the U.S. Supreme Court put it in 2019.
“One of the primary reasons for the enactment of the Constitution was to secure a national common market,” said Paul Sherman, a senior attorney at the Institute for Justice, which represents Upside. “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 technology that DeSantis perceives as a threat to “our local farmers and ranchers,” which was first developed in 2013, uses cell samples to grow meat in bioreactors, obviating the need to raise and slaughter animals. Worldwide, more than 150 companies are working on such products, which have been approved for sale in Singapore, Israel, and the United States, where their distribution so far has been limited to chicken briefly sold by a few restaurants.
Less than a week after DeSantis signed Senate Bill 1084, Alabama Gov. Kay Ivey likewise approved a preemptive ban on cultivated meat. Other states, including Arizona, Tennessee, and Texas, have “considered similar bills banning lab-grown meat,” Reason‘s Emma Camp notes, although they “ultimately did not pass.”
In addition to portraying Florida’s ban as unconstitutional protectionism, Upside argued that it was preempted by federal law. Although U.S. District Judge Mark Walker rejected that claim, he found that Upside “has plausibly alleged that Florida’s ban violates the dormant Commerce Clause by discriminating in effect against interstate commerce through excluding out-of-state businesses and products from Florida’s market to protect in-state businesses against a projected decline in market share.” Walker therefore rejected the state’s motion to dismiss U
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