TALLAHASSEE, FLA. — Upside Foods, a cultivated meat company, and the Institute for Justice (IJ) stated on April 25 that a federal judge denied an attempt by the state of Florida to dismiss the company’s lawsuit.

IJ filed the lawsuit in the US District Court for the Northern District of Florida with Upside in August 2024, a month after Florida prohibited cultivated meat sales.

“Upside is not looking to replace conventional meat, which will always have a place at the table,” said Uma Valeti, chief executive officer of Upside. “All we are asking for is the right to compete, so that Floridians can try our product and see that it is possible to have delicious meat without the need for slaughtering animals. Today’s ruling is an important step towards securing that right.”

Although pieces of the lawsuit were thrown out, Judge Mark Walker did not dismiss a portion of it dealing with out-of-state competition.

The case alleges the Florida ban on cultivated meat violates the Commerce Clause of the US Constitution. The company and its lawyers argue that the ban shields in-state producers of conventional meat from competition from out-of-state producers of cultivated meat.

Upside Foods received label approval from the USDA in June 2023 for its products.

Florida Governor Ron DeSantis signed the bill in May 2024 to ban the sale of cultivated meat in the state.

“Our administration will continue to focus on investing in our local farmers and ranchers, and we will save our beef,” DeSantis said last year.