Federal judge to hear challenges on Florida’s ban on the sale of lab-grown meat

A federal judge will hear arguments next month on whether to block a new Florida law banning the production and sale of lab-grown meat, following a challenge from California-based UPSIDE Foods, Inc.

>>> STREAM ACTION NEWS JAX LIVE <<<

[DOWNLOAD: Free Action News Jax app for alerts as news breaks ]

Federal Judge Mark Walker has scheduled an October 7 hearing on a request by California-based UPSIDE Foods, Inc. for a preliminary injunction to block the law, according to court records.

The law, signed by Governor Ron DeSantis on May 1, is being challenged by UPSIDE Foods on constitutional grounds. The company argues that federal poultry-product laws preempt Florida from enforcing the ban, citing the Supremacy Clause of the U.S. Constitution, which typically allows federal laws to override conflicting state laws.

READ: ‘An ideological agenda:’ Gov. DeSantis signs bill to prevent selling of lab-grown meat

UPSIDE Foods’ motion for a preliminary injunction claims that blocking the law would not harm the state. “An injunction will not substantially injure others, because it will not compel the state to take any action or obligate any resources, and because the state has no legitimate interest in the continued operation of an unconstitutional law,” the motion states. “An injunction is in the public interest because it will permit UPSIDE to exercise its right to bring innovative products to the interstate market and allow consumers to exercise their freedom to decide for themselves what foods they want to eat.”

The state is expected to file its response to the motion by next week. Cultivated meat, also known as lab-grown meat, is produced by culturing animal cells in controlled environments to create food products.

State Agriculture Commissioner Wilton Simpson, a strong advocate of the law, has dismissed the lawsuit as “ridiculous,” expressing concerns over the safety of lab-grown meat. “Lab-grown meat is not proven to be safe enough for consumers,” Simpson said, emphasizing his commitment to food safety. “Food security is a matter of national security, and our farmers are the first line of defense.”

He continued, “As Florida’s commissioner of agriculture, I will fight every day to protect a safe, affordable, and abundant food supply. States are the laboratory of democracy, and Florida has the right to not be a corporate guinea pig. Leave the Frankenmeat experiment to California.”

Judge Walker, in an order issued on August 30, allowed the state to seek additional information from UPSIDE Foods regarding the source of the cells used in its cultivated chicken products and its distribution plans in Florida.

The Florida Legislature passed the ban earlier this year as part of a larger agricultural bill (SB 1084), which makes selling or producing cultivated meat a second-degree misdemeanor in the state. Despite the ban, the U.S. Food and Drug Administration and the U.S. Department of Agriculture approved UPSIDE Foods last year to manufacture and sell its products.

[SIGN UP: Action News Jax Daily Headlines Newsletter ]

Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.