Samantha Duke Publishes Article in Food Safety Magazine on Cultivated Meat Regulation
Samantha Duke Publishes Article in Food Safety Magazine on Cultivated Meat Regulation
RumbergerKirk Partner Samantha Duke recently authored the article, “After Upside Foods: Implications for State Cultivated Meat Bans, Federal Preemption, and Industry Compliance,” published by Food Safety Magazine on September 29, 2026.
In the article, Duke examines the Eleventh Circuit’s decision in Upside Foods, Inc. v. Commissioner, Florida Department of Agriculture and Consumer Services and its broader implications for food companies navigating an increasingly complex state and federal regulatory environment. She explains how the decision narrows the path for federal preemption challenges to state cultivated-meat bans and may influence future state legislation, interstate commerce disputes and corporate compliance strategies.
Duke also outlines practical considerations for companies that manufacture, distribute or sell cultivated meat, novel proteins and other emerging food products. These include evaluating state-by-state restrictions, distribution and e-commerce practices, labeling and marketing requirements, contractual risk allocation, data preservation and preparedness for enforcement actions or litigation. The article also addresses the potential role of Dormant Commerce Clause challenges as companies confront an evolving patchwork of state regulation.
Based in RumbergerKirk’s Orlando office, Duke focuses her practice on high-stakes litigation and class action defense. She represents corporate clients in complex civil matters involving consumer claims, product liability, casualty litigation and emerging regulatory risks, including matters arising under the Telephone Consumer Protection Act and Medicare Secondary Payer Act. Duke also advises clients facing security incidents where legal, reputational and operational concerns intersect.
Duke is vice chair of the Consumer Protection Committee of the American Bar Association’s Antitrust Section and is a member of the Orange County Bar Association. She earned her Juris Doctor, magna cum laude, from the University of Florida College of Law and her Bachelor of Arts, magna cum laude, from Florida State University.
Read the Insight of the full article in Food Safety Magazine:
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