The Florida court’s recent decision to reject a preliminary injunction against the state’s ban on cultivated meat was not a ruling against UPSIDE Foods. Instead, it signaled the need for a thorough and careful examination of the law. The court did not yield to Florida’s request to dismiss the case outright, nor did it deny the state’s ability to pass such legislation without due consideration.

While UPSIDE Foods planned to sell cultivated meat in Florida at upcoming events—evidenced by a successful demonstration event prior to the ban—the company is at a disadvantage because it is not yet a large enough corporate player to have operational businesses located in every state. If UPSIDE were already a big operation in Florida, the state might be less inclined to pass such bans in the first place. 

The implications of this case go beyond the cultivated meat industry. No state, including Florida, should wield the power to block out-of-state businesses from doing business in its market. Such actions would pit states like Florida and states like California (where UPSIDE is based) against each other economically—a losing strategy for all Americans. 

Our Constitution was designed to avoid this exact scenario. The principles of Federal Supremacy and the protection of Interstate Commerce clauses in our Constitution were established to prevent this type of economic isolationism and ensure that all businesses, regardless of their size or location, and including those innovating in cultivated meat, have a fair shot at the American Dream.

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