Federal Appellate Panel Upholds Florida’s Ban on Lab-Grown Meat

Why It Matters

A federal appeals court has solidified Florida’s position as the first state in the nation to enforce a complete ban on lab-grown meat sales, rejecting a legal challenge from a major cultivated meat producer. The Eleventh Circuit Court of Appeals’ decision upholds Florida’s ban on lab-grown meat and signals that states have broad authority to regulate food products within their borders, even when federal agencies have approved those products for nationwide sale.

The ruling carries significant implications for the emerging cultivated meat industry and for other states considering similar restrictions. It also clarifies the legal framework governing state food regulations versus federal oversight, setting precedent for future agricultural disputes.

What Happened

On Monday, Circuit Judge Andrew Brasher issued a 33-page ruling from a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, upholding Florida’s 2024 law prohibiting the manufacture, sale, and distribution of lab-grown meat. The decision rejected arguments from Upside Foods, a California-based cultivated meat company, that Florida’s ban violated federal law.

Upside Foods filed suit against the state of Florida in August 2024, months after Governor Ron DeSantis signed Senate Bill 1084 into law. The legislation makes it “unlawful for any person to manufacture for sale, sell, hold or offer for sale, or distribute cultivated meat in this state.” The law carries penalties of up to 60 days in jail for violations, with food establishments risking commercial license suspension or revocation for serving the product.

The court’s ruling upholds a previous decision by a federal judge in the Northern District of Florida in 2024, who had denied Upside Foods’ request for a preliminary injunction to block the ban. The Eleventh Circuit heard oral arguments in the case in November 2025 before issuing its decision.

By the Numbers

• 2024: The year Florida enacted its first-in-the-nation ban on cultivated meat
• 2: The number of companies approved by the U.S. Department of Agriculture to commercially sell cultivated meat in the United States (Upside Foods and Good Meat, both approved in 2023)
• 60 days: Maximum jail time for violating Florida’s lab-grown meat ban
• 1957: The year the federal Poultry Products Inspection Act was enacted, which Upside Foods argued preempted Florida’s ban
• 33 pages: Length of the appellate court’s ruling upholding the ban

The Legal Argument

Upside Foods contended that because the U.S. Department of Agriculture had approved it to sell lab-grown meat nationwide, Florida’s categorical ban amounted to an additional or different ingredient or facilities requirement that violated federal law. Specifically, the company argued the ban was preempted by the 1957 federal Poultry Products Inspection Act.

Judge Brasher rejected this reasoning, writing: “Because Florida’s ban on lab-grown meat does not regulate Upside’s ingredients, premises, facilities, or operations, federal law does not preempt SB 1084.”

The court compared Florida’s ban to existing state prohibitions on foie gras and horsemeat. “Just like state bans on foie gras and horsemeat, Florida’s categorical ban on lab-grown chicken is not an ingredient regulation that is preempted by the PPIA,” Judge Brasher wrote.

Zoom Out

The decision reflects growing state-level skepticism toward cultivated meat technology despite federal approval. Several other states have introduced or considered similar restrictions, viewing lab-grown meat as a threat to traditional agriculture and livestock industries.

The ruling also demonstrates the limits of federal regulatory authority over state food policy. While the USDA approved cultivated meat for commercial sales, that federal authorization does not prevent states from making their own determinations about which food products may be sold within their borders.

Governor DeSantis had framed the ban as agricultural protection, stating at the time of signing that “what we’re protecting here is the industry against acts of man.”

What’s Next

Upside Foods may seek further appeal to the U.S. Supreme Court, though such a petition would face significant procedural hurdles. The company has not yet announced its plans following Monday’s decision.

Meanwhile, Florida’s law remains in full effect. Other states watching this litigation may accelerate their own efforts to enact similar restrictions on cultivated meat sales.