Texas Enacts Two-Year Cultivated Meat Ban, Faces Immediate Legal Challenge Over 'Protectionist' Aims

AUSTIN, Texas – Texas has officially banned the sale of cell-cultivated meat within its borders for a two-year period, with Senate Bill 261 taking effect on September 1, 2025. The legislation, signed by Governor Greg Abbott, prohibits the sale of lab-grown meat until September 7, 2027, and carries potential civil and criminal penalties for violations. The ban's primary sponsor explicitly stated its intent to safeguard the state's traditional agricultural sector.

State Senator Charles Perry (R–Lubbock), the bill's author, articulated the legislation's objective, stating, "the goal of this bill is to protect our agriculture industry." This sentiment was echoed by Texas Agriculture Commissioner Sid Miller, who lauded the measure as a "massive win" for ranchers and producers, emphasizing the need to "safeguard our real, authentic meat industry from synthetic alternatives."

The ban has swiftly drawn legal challenges, with two California-based cultivated meat companies, Wildtype and UPSIDE Foods, partnering with the Institute for Justice to file a federal lawsuit. The lawsuit, launched on September 2, 2025, alleges that SB 261 violates the U.S. Constitution's Commerce and Supremacy Clauses, arguing it is an unconstitutional act of economic protectionism. Paul Sherman, senior attorney at the Institute for Justice, stated the law is "un-American" and that "the government shouldn't prevent Texans from eating something they do want."

Critics contend that the ban is not based on health or safety concerns, as both UPSIDE Foods and Wildtype have received "no questions" letters from the FDA, indicating their products are safe for consumption, with UPSIDE Foods also cleared by the USDA. Before the ban, Austin's Otoko restaurant was the sole establishment in Texas offering cultivated salmon. Texas is now the seventh state to enact such a ban, joining Florida, Alabama, Mississippi, Montana, Indiana, and Nebraska.

The legal battle highlights a growing tension between agricultural innovation and established industries. While the ban prohibits sales, it notably does not restrict research and development of cultivated meat within Texas, allowing companies like Austin-based BioBQ to continue their work on lab-grown brisket. The outcome of the lawsuit could set a precedent for future legislation concerning alternative protein sources across the nation.