Federal Judge Denies Preliminary Injunction in UPSIDE Foods Lawsuit Against Florida’s Ban on Cultivated Meat

TALLAHASSEE, Fla.—Today, a federal judge denied a request by UPSIDE Foods for a preliminary injunction to halt the enforcement of Florida’s recently enacted ban on cultivated meat. The ruling means that the ban will remain in place while the lawsuit challenging its legality continues. This decision is not a final outcome on the merits of the case but simply allows the law to stay in effect during the ongoing litigation.

“Preliminary injunctions are just that: preliminary,” said Paul Sherman, senior attorney at the Institute for Justice (IJ). “The real fight is still ahead, and today’s ruling has no bearing on the final resolution of this case. We always expected the bulk of the lawsuit to be decided on its merits, and that’s exactly where we’re headed.”

The lawsuit, filed by the Institute for Justice on behalf of UPSIDE Foods, challenges Florida’s ban on cultivated meat, which prohibits the manufacture, distribution, and sale of the innovative product in the state. The lawsuit argues that the ban is illegal and unconstitutional, as it aims to protect in-state meat producers by stifling competition from out-of-state companies that produce cultivated meat—an alternative to conventional meat grown directly from animal cells.

Florida’s law, signed by Gov. Ron DeSantis in May 2024, is one of only two states that ban cultivated meat. The law took effect in July 2024, with officials citing the need to protect traditional agriculture. However, cultivated meat has been approved as safe for consumption by the FDA and USDA, and the lawsuit contends that the ban is an unjustified form of economic protectionism.

“We are looking forward to appealing this preliminary decision while the case goes forward,” said IJ Attorney Suranjan Sen. “Today’s ruling is just a procedural step, and we are confident that the courts will ultimately recognize that Florida cannot ban products simply to protect local industries from honest competition.”

The Institute for Justice, a nonprofit public interest law firm, partnered with UPSIDE Foods to challenge Florida’s ban as part of its broader mission to protect consumer choice and fight economic protectionism. IJ has a long history of successfully litigating cases to defend individual rights and limit the overreach of government regulations.