NEW TECH FOODS

Two US-based cultivated meat companies, Wildtype and Upside Foods, have filed a lawsuit in federal court against several Texas officials, challenging the state’s new law banning the sale of cultivated meat.

The complaint, filed in the US District Court for the Western District of Texas on 2 September 2025, targets Senate Bill 261 (SB 261), which came into effect on 1 September 2025.

The law makes it illegal to sell 'cell-cultured protein' for human consumption in Texas. Violations can lead to civil fines of up to $25,000 per day, administrative penalties and criminal charges, including possible jail time.

Wildtype, based in San Francisco, produces cultivated salmon, and Upside Foods, based in Emeryville, California, produces cultivated chicken. Both companies have received US Food and Drug Administration (FDA) safety clearance to sell their products in the United States.

Upside Foods has also received US Department of Agriculture (USDA) approval for its chicken products under the Poultry Products Inspection Act.

According to the filing, both companies had sold or distributed their products in Texas before the ban and had business plans to expand sales in the state. They argue that SB 261 was created to protect Texas’ conventional agriculture industry from competition, not to address food safety concerns.

The complaint cites statements from state legislators and officials suggesting the goal was to protect cattle ranchers and other traditional meat producers.

The companies claim the ban violates the US Constitution’s Commerce Clause by blocking out-of-state businesses and, in Upside Foods’ case, is pre-empted by federal law. They are asking the court to declare the law unconstitutional and prevent Texas from enforcing it.

Top image: © Upside Foods' cultivated chicken