In Texas, a federal judge has refused to dismiss a lawsuit challenging the state’s ban on cultivated meat, allowing the case to proceed. Upside Foods and Wildtype, two food‑tech startups, sued Texas in September, arguing the ban violates the dormant Commerce Clause, which limits states from interfering with interstate commerce. Both companies have already received federal approval to sell their cultivated proteins.
Judge Alan Albright of the U.S. District Court for the Western District of Texas agreed the claim merits review, rejecting the state’s motion to dismiss. However, he denied the startups’ request for a preliminary injunction, meaning the ban remains in place while the case unfolds.
“We’re grateful the court is allowing this case to move forward,” said Wildtype co‑founder Justin Kolbeck. “Texans should be free to choose what they eat – and to decide for themselves whether they want cultivated meat on the menu.”
According to Green Queen, Texas Governor Greg Abbott signed SB 261 into law in June, enacting a two‑year prohibition on the production, sale, and marketing of cultivated meat.