Lab-Grown Meat Firms Press Fifth Circuit on Texas Ban
Two California cultivated meat companies argued before the Fifth Circuit that Texas's sales ban causes them irreparable harm.
Updated on Nov. 4, 2026 in Agriculture
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Wild Type Inc. and Upside Inc., California-based lab-grown meat companies, urged the Fifth Circuit to find that a Texas ban on cultivated meat sales irreparably harmed them. The arguments were made during oral arguments on Wednesday, November 4, 2026, in a case the companies first brought against Texas in 2025.
Why it matters
The lawsuit contends the ban discriminates against out-of-state companies in violation of the commerce clause, and the companies say the state's law was meant to stifle competition and protect its agricultural industry. The outcome could determine whether Texas can keep cultivated meat sales restricted to in-state operations.
The Texas law bans sales of cultivated meat products, and the only companies currently authorized to sell cultivated meat in the state are based outside Texas. The Fifth Circuit has not announced when it will issue a decision in the appeal.
The players
Wild Type Inc.
A California-based lab-grown meat company and one of the plaintiffs challenging the Texas ban on cultivated meat sales.
Upside Inc.
A California-based cultivated meat company that joined Wild Type in suing Texas over the ban on lab-grown meat sales.
Cory T. Wilson
A judge on the Fifth Circuit Court of Appeals who participated in the oral arguments over the Texas cultivated meat ban.
Don R. Willett
A judge on the Fifth Circuit Court of Appeals who participated in the oral arguments and noted the law applies equally to Texas-based companies.
The details
Judges Cory T. Wilson and Don R. Willett noted during the hearing that the law would apply equally to Texas-based companies. The plaintiffs argue that this neutral-on-its-face ban nonetheless functions as discrimination against out-of-state producers.
Timeline
2025: Wild Type Inc. and Upside Inc. sued Texas over the cultivated meat ban.
November 4, 2026: The Fifth Circuit heard oral arguments in the case.
Market Landscape
The case tests whether a state can restrict cultivated meat sales in ways that benefit in-state producers under the commerce clause. Its outcome will shape how far Texas and other states can go in regulating a nascent lab-grown food sector.
Shoppers in Texas currently cannot buy cultivated meat from local producers because the ban limits sales to out-of-state companies. A ruling for the plaintiffs could open the state's market to lab-grown products, while a ruling for Texas would keep the restriction in place.
The takeaway
Court rulings on state bans of novel food products often hinge on whether the law's effects fall unevenly on out-of-state businesses, even when the text appears neutral. Readers following food-technology policy can track how the Fifth Circuit resolves the commerce clause question in this case.
Further reading
For more on the sector at the center of this case, see Agriculture coverage in Texas.
Source note: This article includes information reported by Bloomberglaw.
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