Federal judge to consider putting Florida’s ‘cultivated meat’ law on back burner
TALLAHASSEE — A federal judge will hear arguments next month about whether he should block a new Florida law that bars the production and sale of “cultivated meat” in the state.
Chief U.S. District Judge Mark Walker has scheduled a hearing Oct. 7 on a request by the California-based UPSIDE Foods, Inc. for a preliminary injunction against the law, which Gov. Ron DeSantis signed May 1, according to a court docket.
UPSIDE Foods filed a lawsuit last month challenging the constitutionality of the law and requested a preliminary injunction. The lawsuit contends, in part, that a federal poultry-products law preempts Florida from imposing such a ban.
The motion for a preliminary injunction pointed to what is known as the Supremacy Clause of the U.S. Constitution, which generally leads to federal laws trumping conflicting state laws.
“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 said. “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.”