Lab-grown meat makers to sue Texas State over ban on cultivated protein

USA – Cultivated meat companies Wildtype and Upside Foods have filed a lawsuit against the state of Texas following the introduction of a law that blocks the sale of lab-grown protein.

The ban, which took effect on September 1, prevents the sale of cultivated meat products in Texas for two years, with both companies arguing that it unfairly shields the state’s traditional agriculture industry from outside competition.

Texas is one of seven states that have passed legislation prohibiting cultivated meat sales, while five others have moved ahead with regulations focused on how the products should be labeled.

Cultivated meat, produced from animal cells to replicate conventional proteins, has been promoted as an alternative to plant-based meat, which has faced criticism over taste and texture. Yet these new restrictions are presenting fresh challenges for companies trying to establish themselves in the market.

Wildtype, a producer of cultivated salmon, secured regulatory approval earlier this year and began serving its product in an Austin sushi restaurant in May, while Upside Foods has been preparing to expand sales of its cultivated chicken to new restaurants and a Texas-based grocery chain.

The lawsuit argues that the ban prevents both companies from building a presence in Texas and denies them opportunities to expand consumer awareness of the product, which is considered vital to the industry’s long-term growth.

According to the suit, companies violating the Texas law could face fines of up to US$25,000 (US$25,000) per day and potential jail time of up to one year, creating significant risks for businesses that attempt to sell cultivated products in the state.

Upside Foods has previously taken legal action against similar restrictions, filing a case in Florida after it became the first state to enact a ban in 2024.

Consumer awareness remains a central challenge for the sector, with research from the Good Food Institute showing that only one in four people are familiar with cultivated meat even after it is explained to them.

Industry groups say that exposure is key, pointing to a Purdue University study in 2024 that found 60% of consumers were open to trying cultivated chicken, beef, or pork if given the chance.

For Wildtype and Upside Foods, the outcome of the Texas case could influence not only their own expansion plans but also how quickly the cultivated meat industry can establish a foothold in the United States.

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