UPSIDE Foods and Wildtype have joined forces with the Institute for Justice to file a federal lawsuit against Texas for banning cultivated meat. The state's law, SB 261, prohibits the sale of cultivated meat, with penalties including fines and jail time for violators. The lawsuit argues that SB 261 is unconstitutional and serves as a form of economic protectionism to benefit Texas' ranching industry.

The lawsuit challenges SB 261 on the grounds of the Commerce Clause and the Supremacy Clause of the US Constitution. It seeks a preliminary injunction to block the state from enforcing the ban against UPSIDE Foods and Wildtype, who have FDA and USDA approval to sell their products in the US. The case is part of IJ's National Food Freedom Initiative, aiming to protect individuals' rights to buy, sell, and consume a variety of foods without government interference.