Wildtype and UPSIDE Foods Gain Early Win in Lawsuit Against Texas’ Cultivated Meat Ban

A federal judge denied the State of Texas's motion to dismiss a lawsuit challenging Texas's ban on cultivated meat sales. The lawsuit, brought by public interest law firm the Institute for Justice on behalf of Californian companies UPSIDE Foods and Wildtype, can proceed with the dormant Commerce Clause claim. While the ban remains in effect for now, the case will move into discovery and further litigation to potentially overturn the ban permanently.

The lawsuit argues that the ban is unconstitutional economic protectionism aimed at keeping out-of-state competitors at bay. Texas lawmakers and industry interests seem focused on propping up conventional meat producers at the expense of innovative, out-of-state companies. The plaintiffs assert that Texans should have the freedom to choose what they eat, and that cultivated meat should be allowed to compete fairly in the marketplace without governmental interference.