Wildtype and UPSIDE Foods Challenge Texas Ban on Lab-Grown Meat
Wildtype and UPSIDE Foods filed a lawsuit against Texas' cultivated meat ban.
Why it matters: This case tests legal limits on state restrictions and the regulation of lab-grown foods nationwide, crucial for legal and regulatory professionals in food and tech sectors.
- Texas enacted Senate Bill 261 on June 25, 2025, banning sale of cell-cultured meat until at least September 1, 2027.
- Wildtype and UPSIDE Foods sued Texas on September 3, 2025, claiming SB 261 violates the dormant Commerce Clause.
- U.S. District Judge Alan Albright allowed the lawsuit to proceed but kept the ban in place after denying a preliminary injunction (January 16, 2026).
- The Fifth Circuit heard oral arguments on November 4, 2026, focusing on the ban's alleged discrimination against out-of-state companies.
On June 25, 2025, Texas became the seventh state to enact a ban on cultivated meat with the passage of Senate Bill 261 (SB 261), effective September 1, 2025. The law prohibits the sale of cell-cultured meat products for human consumption, with the ban set to expire on September 1, 2027, unless extended by the legislature.
Shortly after the ban took effect, California-based companies Wildtype, which produces cultivated salmon, and UPSIDE Foods, specializing in lab-grown chicken, filed a lawsuit against Texas on September 3, 2025. The lawsuit challenges SB 261 as unconstitutional under the dormant Commerce Clause, arguing the law unlawfully discriminates against out-of-state businesses.
U.S. District Judge Alan Albright partially sided with the plaintiffs on January 16, 2026, denying Texas's motion to dismiss the Commerce Clause claim. However, he declined to issue a preliminary injunction, leaving the ban active through ongoing litigation.
On November 4, 2026, the Fifth Circuit Court of Appeals heard oral arguments from Wildtype and UPSIDE Foods. The companies stressed how the ban causes irreparable harm and constitutes economic protectionism disguised as health concerns. They cited federal agency approvals, including agreements from USDA and FDA on the safety of cultivated meats, underscoring the challenge's constitutional basis.
Justin Kolbeck, Wildtype co-founder, emphasized consumer choice, stating, "We do believe that Americans should have the freedom to choose what to eat." Paul Sherman, senior attorney at the Institute for Justice representing the companies, noted, "The Constitution doesn’t allow states to wall off their markets just to protect politically powerful industries from out-of-state competition." He added federal agency safety approvals should suffice, with restricted consumers simply able to avoid these products.
This legal battle illustrates the tension between emerging food technologies and state regulatory efforts, often framed as consumer safety but challenged as economic protectionism. Outcomes could impact not only Texas but also other states considering bans or regulations on lab-grown meat products. The case remains pending with no final ruling from the Fifth Circuit as of now.
By the numbers:
- June 25, 2025 — Texas enacted SB 261 banning cultivated meat sales.
- September 1, 2025 — SB 261 took effect, prohibiting cell-cultured meat sales.
- September 3, 2025 — Wildtype and UPSIDE Foods filed suit against Texas.
- November 4, 2026 — Fifth Circuit heard oral arguments on the ban.
Yes, but: While the plaintiffs argue federal agencies have deemed these products safe, the ban remains in place during litigation, reflecting judicial caution in striking down state laws early.
What's next: The Fifth Circuit Court of Appeals will issue a ruling that could set a precedent for state regulation of cultivated meat, influencing future legal and regulatory actions nationwide.