Cultivated meat startups challenge Texas ban in federal court
Cultivated meat companies challenge Texas law banning cell-based protein sales, citing economic protectionism.
A prepared dish of Good Meat's cultivated chicken is shown at the Eat Just office in Alameda, Calif., on Wednesday, June 14, 2023 (AP Photo/Jeff Chiu)
Two California-based food startups, Wildtype and UPSIDE Foods, presented oral arguments before a Fifth Circuit panel on Wednesday, Nov. 4, 2026, in an effort to overturn a Texas law that prohibits the sale of cell-cultured protein.
The companies are challenging Senate Bill 261, which took effect on Sept. 1, 2025, and is scheduled to remain in place until Sept. 1, 2027. The legislation bans the manufacture, processing, distribution, and sale of cultivated meat products within the state.
Represented by the Institute for Justice, the plaintiffs argue that the law is an unconstitutional form of economic protectionism designed to shield the Texas cattle industry from competition. Attorney Marco Vasquez Jr. stated that the ban has caused the companies to suffer from lost revenue, business opportunities, and market time.
The state of Texas, represented by assistant solicitor general Douglass Duncan, maintains that the law is a valid health and safety measure. Duncan argued that the legislation applies a blanket ban to all companies, regardless of their location, and compared it to previous state restrictions on the sale of horse meat.
A lower court previously declined to block the enforcement of the law in January 2026. The current proceedings represent the companies' appeal to the Fifth Circuit to overturn the prohibition.