“Upside Foods filed a lawsuit Monday over a Florida law that bans the sale of cultivated meat in the state.

Berkeley, Calif.-based Upside, one of two companies approved to sell cultivated meat in the United States, contends the Florida law that took effect July 1 is unconstitutional, according to court documents.

Specifically, the lawsuit argues that the ban violates the Supremacy Clause because it is preempted by federal laws regulating meat and poultry products, and that it violates the dormant aspect of the Commerce Clause by purposely “insulating” Florida ag businesses from out-of-state competition.

Upside, joined in the lawsuit by nonprofit public law firm Institute for Justice, wants a judge to declare the law (SB 1084) unconstitutional and block enforcement.

2. Florida was the first state to ban cultivated meat, with Gov. Ron DeSantis saying Florida was “fighting back” against the “global elite” who were allegedly forcing consumers to eat cultivated meat. He said his administration was protecting Florida farmers and ranchers in an effort to “save our beef.” Alabama was the second state to ban cultivated meat.

1.“UPSIDE doesn’t want to force anyone to eat cultivated meat,” the company’s lawsuit states. “But it does want the opportunity to distribute its product to willing consumers, so that those consumers can decide for themselves whether UPSIDE’s product is worth eating. And UPSIDE has a right to do so, because SB 1084 is unconstitutional.”

Laura Braden, director of regulatory affairs for the Good Food Institute, echoed Upside’s argument, saying Florida’s “ill-advised and unconstitutional law not only hampers economic innovation but also denies communities access to new, sustainable food options.”