Tomorrow, the Institute for Justice (IJ), together with innovative protein startups Wildtype and UPSIDE Foods, will announce that they have filed a federal lawsuit against the state of Texas, challenging its newly enacted ban on the sale of cultivated meat. The lawsuit argues that Texas’ law, SB 261, is nothing more than unconstitutional economic protectionism.

“Texas has always been a state with a ‘live-and-let-live’ mentality—especially when it comes to the kitchen,” said IJ Senior Attorney Paul Sherman. “No one is forcing Texans to eat anything they don’t want. But at the same time, the government shouldn’t prevent Texans from eating something they do want.”

Press Conference Details

Time: Wednesday, September 3rd, 2025 at 10:30 CDT
Location: Zoom Webinar (https://ij-org.zoom.us/j/95054275298)

Cultivated meat is real meat grown from animal cells, without the need to raise and slaughter animals. By growing cells in controlled environments, companies like Wildtype, which makes salmon, and UPSIDE Foods, which makes chicken, can produce foods that have the same taste, texture, and nutritional profile as conventional meat—while minimizing risks associated with antibiotics, parasites, or environmental contaminants.

Texas Gov. Greg Abbott signed SB 261 into law on June 20, 2025. The law, which took effect yesterday, September 1, 2025, imposes a total ban on the sale of cultivated meat in Texas. Violations carry steep penalties, including fines of up to $25,000 per day and even jail time. The move comes despite both Wildtype and UPSIDE Foods receiving the green light from the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA). Instead of being motivated by safety concerns, lawmakers openly acknowledged that the law was designed to protect Texas’ politically powerful ranching industry from out-of-state competition.

“We just want Texans to have a taste and make up their own minds,” said Justin Kolbeck, co-founder and CEO of Wildtype.
“This ban slams the door on choice, when all we’re asking is the freedom for Texans to decide for themselves,” added Wildtype co-founder Aryé Elfenbein.

The lawsuit challenges Texas’ ban under two provisions of the U.S. Constitution. First, the Commerce Clause prohibits states from enacting protectionist measures that discriminate against out-of-state businesses. Second, the Supremacy Clause bars states from enacting laws that conflict with federal law.

“For the same reason California cannot ban Texas beef in California, Texas cannot ban salmon or chicken from California,” said Uma Valeti, CEO and founder of UPSIDE Foods. “Texans deserve the freedom to decide for themselves what to eat without politicians choosing for them.”

The lawsuit asks the U.S. District Court for the Western District of Texas to issue a preliminary injunction to block the state from enforcing SB 261 against Wildtype and UPSIDE, ensuring that both companies can continue making their products available to willing Texas consumers while the case proceeds.

This lawsuit is part of the Institute for Justice’s National Food Freedom Initiative. For more than three decades, IJ has fought in courts of law and the court of public opinion to defend the rights of entrepreneurs and consumers against arbitrary and protectionist regulations. Through its Food Freedom Initiative, IJ has been at the forefront of defending the rights of individuals to buy, sell, grow, and advertise a wide variety of foods without undue government interference. Most recently, IJ filed a similar lawsuit in Florida challenging its ban on cultivated meat.