UPSIDE Foods, a cultivated chicken producer, has returned to court to challenge Florida's ban on cultivated meat. The company argues that Florida cannot impose limits on interstate trade under the US Constitution's Commerce Clause, claiming that only the federal government can regulate poultry products. While a first-round victory was granted to UPSIDE earlier this year, Chief Judge Mark Walker ultimately dismissed many of the company's claims, stating that any violation of the Poultry Products Inspection Act would need to be brought by the federal government.

The company's challenge is based on the argument that cultivated chicken should be considered a poultry product under federal law, as poultry cells are used in the production process. However, the three-judge appellate panel is currently considering whether or not cultivated chicken meets this definition. UPSIDE and the Institute for Justice have also filed lawsuits against other states with similar bans on cultivated meat, maintaining that individuals should have the choice to consume these products without government interference.