Samantha Duke recently shared her insights in the article “After Upside Foods: Implications for State Cultivated Meat Bans, Federal Preemption, and Industry Compliance,” published in Food Safety Magazine.

Samantha examined the Eleventh Circuit’s decision on Upside Foods, which challenged Florida’s ban on cultivated meat. The company argued that federal meat and poultry inspection laws override the state ban, but the court disagreed.

She explained that the decision’s implications extend beyond Florida, noting that it could affect future lawsuits, state laws, and how food companies plan to comply.“Food industry executives, regulatory teams, and outside counsel-both within and outside of Florida-should take notice and begin addressing these implications now,” she noted.

For businesses producing, distributing or selling food products that face state-level restrictions, Samantha described several important measures for gauging and minimizing risk.

Samantha recommends that defense counsel handling food labeling, consumer class action and product liability matters to rethink their preemption strategy. To build stronger preemption arguments, she says that attorneys should treat labeling, ingredient, safety and product-ban claims as separate categories.

“The cultivated meat industry is still nascent, and the law will remain fluid as additional states act,” Samantha explained. “Investing now in understanding regulatory regimes, preserving evidence, and developing flexible litigation strategies will best position food companies to meet the challenges ahead.”