"We will save our beef," Florida Gov. Ron DeSantis declared when he signed the nation's first ban on cultivated meat last May, portraying the law as part of his administration's "focus on investing in our local farmers and ranchers." Florida Commissioner of Agriculture Wilton Simpson concurred that the governor was "standing up for Florida's farmers and consumers," saying "we must protect our incredible farmers" from "a disgraceful attempt to undermine our proud traditions and prosperity." He promised to "keep Florida's agricultural industry strong and thriving."
According to Upside Foods, a California-based manufacturer of lab-grown poultry products, those comments reflect the protectionist motivation of Florida's law, which it says effectively discriminates against out-of-state businesses. On Friday, a federal judge in Florida concluded that the company, which sued state officials last August, had plausibly alleged a violation of the "dormant" Commerce Clause, a doctrine that "prevents the States from adopting protectionist measures and thus preserves a national market for goods and services," as the U.S. Supreme Court put it in 2019.
"One of the primary reasons for the enactment of the Constitution was to secure a national common market," said Paul Sherman, a senior attorney at the Institute for Justice, which represents Upside. "Today's ruling is an important vindication of the principle that states cannot close their borders to innovative out-of-state competition, and a warning to other states that are considering banning cultivated meat."
