Lab-grown meat ban in effect in Texas; lawsuit claims it violates the Constitution
California-based Wildtype and UPSIDE Foods have filed a lawsuit against Texas, alleging that a new law banning the sale of lab grown meat in the state violates the US Constitution and the Poultry Products Inspection Act.
A new lawsuit states the law may violate the United States Constitution.
A meatball made using genetic code from a mammoth is seen at the Nemo science museum in Amsterdam, Tuesday March 28, 2023. (AP Photo/Mike Corder)
Lab-grown or cultured meat is protein grown in vats by encouraging cells to replicate. According to the Good Food Institute, this meat is genuine animal meat that is “nutritionally comparable to conventional meat, allowing us to feed more people with fewer resources and meet the growing global demand for protein in a more humane way.”
On Sept. 3, California-based Wildtype and UPSIDE Foods filed a lawsuit against representatives with the Texas Attorney General, the Department of State Health Services, the Texas Health and Human Services Commission and Travis County.
In the lawsuit, the two cultured meat companies allege that through SB 261 that “Texas has closed its border to an entirely out-of-state industry to protect Texas agriculture from lawful competition.” Through this, the lawsuit states that the law violates the Commerce Clause of the Constitution, “discriminating against competition coming exclusively from out of state.”
Marco Vasquez Jr., attorney for the plaintiffs, said the law also violates the Poultry Products Inspection Act.
“That federal law provides specific details about the facilities where poultry products are made and the ingredients for poultry products,” Vasquez said. “Anything that Texas has done regarding those facilities or ingredients would be unconstitutional because it violates or conflicts with a valid federal law.”
The lawsuit, Vasquez said, also names Travis County because the county attorney would need to be notified of an alleged violation of SB 261. Additionally, the companies wish to sell lab-grown meat in Travis County.
“Before the ban went in effect, there was a sushi restaurant in Austin, Texas that was selling that cultivated salmon as part of its menu that stopped,” Vasquez said that Wildtype wants to have their salmon returned to the menu.
KXAN has reached out to the Attorney General’s office and the office of the county attorney for Travis County for comment, but have not heard back at this time.
What’s the deal with lab-grown meat?
First unveiled in 2013, cultured meat is a fast-growing industry around the world. It is made by taking animal cells and growing them in a vat. The cells are filled with amino acids, glucose and other supplements that muscles typically get while an animal grows.
As of July, cultivated meat can be sold in Singapore, the United States, and Australia. Supporters argue that the production of protein in a lab is better for the environment. Opponents argue it’s bad for ranchers and may not be safe.
“Texas has closed its border to an entirely out-of-state industry to protect Texas agriculture from lawful competition.”
Civil Action No. 1:25-cv-1408
All cultured meat is assessed by the U.S. Food and Drug Administration before it is sold to the public. Cultured meat, called cultivated meat when it is sold, must go through the same processes as conventional meat companies to ensure safe production and handling.
Several states have passed laws prohibiting the sale of lab-grown meat. These include Texas, Alabama, Florida, Indiana, Mississippi, Montana and Nebraska.
