The Future of Food: Exploring the World of Cell-Cultivated Cuisine

In the past decade, the connection between food production, particularly agriculture, and carbon emissions has led to a surge in sustainable food production practices. One industry has made headlines recently: cell-cultivated food.

Food products at the center of this movement include cell-cultivated meat, poultry, fish, and cocoa. Cell-cultivated meat (also referred to as lab-grown or cell-cultured) is developed by combining animal cells with nutrients (such as amino acids, salts, and sugars) in a bioreactor. Eventually, these cells become meat which is harvested for consumption. To date, companies are developing cell-cultivated chicken, pork, lamb, beef, tuna, and even quail foie gras.

Cell-cultivated food provides an alternative to traditional agricultural methods that lowers environmental impact. Companies spearheading this movement believe that cell-cultivated meat has the potential to help meet the world’s demand for meat in a humane and environmentally friendly way. To continue creating cell-cultivated food products, companies should be aware of legislation and regulations regarding the production and sale of cell-cultivated products.

I. FDA and USDA are working together to establish clear guidelines for cell-cultivated foods.

While food labeling regulations have been around for decades, they are adapting to adequately address new concerns related to cell-cultivated foods. Currently, the Food Safety and Inspection Service (FSIS) (which is part of the U.S. Department of Agriculture) and the Food and Drug Administration (FDA) jointly regulate cell-cultivated products under a formal agreement entered into by the agencies in 2019.[1] FDA oversees the collection and growth of cells and FSIS controls once the cells are ready to be harvested and processed. FSIS is also in charge of reviewing and approving any labels for cell-cultivated meat and poultry products. Fish products (besides catfish) are solely regulated by FDA.

In September 2021, USDA published an advanced notice of proposed rulemaking which solicited comments regarding the labeling of cell-cultivated meat.[2] But USDA has not yet published specific requirements for cell-cultivated meat labels. So far, it is clear that cell-cultivated meat or poultry food labels must “comply with all Federal meat and poultry products inspection regulations and policies.”[3] USDA has already approved two labels using the terms “cell-cultured” or “cell-cultivated.” In June 2023, UPSIDE Foods and Good Meat received labeling approval from USDA for its cell-cultivated chicken products.[4] USDA reviewed the labels, including the names of the products, the ingredient statements, and the handling instructions, and determined that the labels were not misleading.[5]

II. Some countries are approving the sale of cell-cultivated meat, while others are banning it.

Internationally, Singapore was the first country to approve the sale of cell-cultivated meat followed by the United States.[6] Israel has also approved the sale of cell-cultivated meat.[7] In January 2024, Aleph Farms received approval to sell its cell-cultivated beef product. Aleph Farms is the first producer and marketer of cell-cultivated meat in the Middle East. In the United Kingdom, regulators approved the use of cell-cultivated chicken in pet food, but they have not approved it for human consumption.[8] In contrast, Italy and Austria have expressly disallowed the sale of cell-cultivated meat.[9]

In the United States, states have taken different approaches to regulating cell-cultivated meat. Two states, Alabama and Florida, have wholly prohibited the sale of cell-cultivated meat.[10] And in Iowa, schools are prohibited from buying cell-cultivated meat.[11] One company, however, is challenging Florida’s ban on the sale of cell-cultivated meat. In August 2024, UPSIDE Foods filed a motion for a preliminary injunction, asking the Court to allow the sale of cell-cultivated foods (and therefore pause the statewide ban) while the case was being decided. Upside Foods, Inc v. Simpson, No. 4:24CV316-MW/MAF, 2024 WL 5274483 (N.D. Fla. Oct. 11, 2024). In October 2024, Judge Mark Walker denied UPSIDE Foods’ motion. Although the preliminary injunction was denied, the case is ongoing, and the constitutionality of the ban is still being decided.

III. The future of cell-cultivated meat in the United States is evolving.

It is unclear if the regulation of cell-cultivated meat in the United States will evolve with the change in administration. USDA previously stated its intent to publish a proposed rule establishing labeling requirements for cell-cultivated meat and poultry, but whether this will be a priority for the Trump administration is an open question.[12]

As cell-cultivated food products hit the market, Morrison Foerster will monitor potential legal challenges that the Plaintiffs’ bar may bring, including consumer-related litigation and class actions. Morrison Foerster will also continue to monitor new legislation and regulations regarding cell-cultivated products and is available to provide legal assistance to clients on potential regulatory, manufacturing, and labeling matters.

[1] FSIS Responsibilities in Establishments Producing Cell-Cultured Meat and Poultry Food Products | Food Safety and Inspection Service.

[2] USDA Seeks Comments on the Labeling of Meat and Poultry Products Derived from Animal Cells | Home.

[3] FSIS Responsibilities in Establishments Producing Cell-Cultured Meat and Poultry Food Products | Food Safety and Inspection Service.

[4] US clears Upside Foods, Good Meat cultivated chicken - Just Food.

[5] UPSIDE Foods | UPSIDE is approved for sale in the US! Here’s what you need to know.

[6] The countries that have approved cultivated meat.

[7] Id.

[8] UK becomes first European country to approve lab-grown meat (ft.com).

[9] Id.

[10] Proposal to ban lab-grown meat in Nebraska gets pushback from ranchers and farm groups.

[11] Id.

[12] FNS Edits to USDA’s Statement of Regulatory Priorities for Fall 2024 Regulatory Agenda.