/>i- On September 1, 2025, cultivated meat companies Wild Type and UPSIDE filed suit in the U.S. District Court of the Western District of Texas, arguing that the state’s ban on cultivated meat is unconstitutional.
- As we previously reported, Texas passed SB 261 in June, which banned the “manufacture, processing, possession, distribution, offer for sale, and sale of cell-cultured protein” starting September 1, 2025. Indiana, Mississippi, Montana, Nebraska, Alabama, and Florida have passed similar laws.
- The complaint argues that the law aims to unfairly promote one industry over another, by “stifl[ing] the growth of the cultivated meat industry to protect Texas’ conventional agricultural industry from innovative competition that is exclusively based outside of Texas.” In a recent press conference, senior attorney of the firm representing the plaintiffs, Paul Sherman, stated that Texas lawmakers “absolutely made no secret” of the intent of the bill to protect conventional agriculture in Texas.
- The lawsuit alleges the ban is unconstitutional because it violates the Commerce Clause, which prohibits protectionist barriers from out-of-state trade, and the Supremacy Clause, which states that laws enacted under the federal Constitution supersede state law.
- In 2023, a similar Commerce Clause argument in National Pork Producers Council (NPPC) v. Ross was unsuccessful, where the U.S. Supreme Court concluded that California’s Proposition 12 did not intentionally discriminate against out-of-state pork producers. It is unclear whether this decision will set a precedent in this case.
Cultivated Meat Companies Sue Texas Over Ban
Friday, September 5, 2025
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