Challenge to Texas lab-grown meat ban can move forward, federal judge says

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(Wildtype)

AUSTIN, Texas - A federal judge will allow a lawsuit challenging Texas' ban on lab-grown meat to move forward.

Federal Judge Alan Albright ruled the lawsuit, filed by two companies after the signing of Senate Bill 261, would continue but did not lift the ban on selling the products before the case is over. The companies say the law violates the Constitution's Commerce Clause by discriminating against out-of-state businesses.

The challenge to the law was brought by two California-based companies, Wildtype and UPSIDE.

What they're saying:

"We’re grateful the court is allowing this case to move forward," Justin Kolbeck, co-founder and CEO of Wildtype, said. "Texans should be free to choose what they eat—and to decide for themselves whether they want cultivated meat on the menu."

Two companies challenge Texas Senate Bill 261

The backstory:

Senate Bill 261 took effect on Sept. 1, 2025, and bans the sale of cell-cultured meat in Texas for a two-year period.

Supporters said the bill protects the state's livestock industry, but those against the ban said the bill allows the state to choose who succeeds in the marketplace.

What they're saying:

"Texas is trying to use government power to pick winners and losers in the marketplace, favoring in-state agriculture to the detriment of innovative, out-of-state competitors," Institute for Justice Senior Attorney Paul Sherman said. "The Constitution doesn’t allow states to wall off their markets just to protect politically powerful industries from out-of-state competition. Texans—not politicians—should decide what’s for dinner."

Texas Agriculture Commissioner Sid Miller sees the ruling differently, calling it "an assault on Texas ranchers."

The other side:

"When it comes to America’s food supply, picking winners and losers is exactly what’s at stake—and Texas will always choose its farmers and ranchers," Miller said. "We will defend our right to make common-sense decisions about food and public health without federal interference. Texas stands with our ranchers, with our consumers, and with our values. We will not be bullied. We will not back down."

What is cell-cultured meat?

Cultivated products are grown in steel tanks using cells from a living animal, a fertilized egg or a storage bank, according to The Associated Press. 

The cells are fed with special blends of water, sugar, fats and vitamins. Once they've grown, they're formed into cutlets, nuggets and other shapes.

Five companies have received clearance to sell their products in the United States, including UPSIDE and Wildtype.

Wildtype, established in 2016, focuses on cultured salmon. The company completed its review by the U.S. Food and Drug Administration in May 2025.

Court documents show Wildtype started selling cultivated salmon to Austin sushi restaurant, OTOKO, in July 2025. 

UPSIDE was founded in 2015 and was the first company to sell cultivated meat in the United States. The company focuses on cultivated chicken products.

"This is a safe, new way to produce real meat," said Dr. Uma Valeti, CEO and Founder of UPSIDE. "The government shouldn’t ban it just to shield entrenched interests from competition. We’re eager to bring our product to Texas and let people judge it with their own taste buds."

The other side:

Miller argued that lab-grown meats are a danger to the economy and public trust.

"Lab-grown meat isn’t progress—it’s a Trojan horse," Miller said. "It threatens rural livelihoods, compromises food safety, and erodes confidence in what Americans put on their plates. Texans don’t want meat grown in a petri dish and marketed by billionaires—they want real beef from real ranchers who raise livestock under time-tested standards."

What's next:

The case now moves to the discovery phase.

With the signing of SB 261, Texas became the seventh state to ban the sale of cultivated meat, joining Florida, Alabama, Mississippi, Montana, Indiana and Nebraska.

UPSIDE is challenging a similar law in Florida.