The Texas & Southwestern Cattle Raisers Association is pushing back forcefully after a federal judge allowed a lawsuit challenging Texas’ ban on cell-cultured protein to move forward, keeping the issue squarely in the spotlight for cattle producers and policymakers.
On Jan. 20, U.S. District Judge Alan Albright denied the State of Texas’ motion to dismiss the lawsuit, which was brought by cultivated meat companies Wildtype and UPSIDE Foods. While the judge also denied the companies’ request for a preliminary injunction (the ban stays in effect), the ruling allows constitutional claims against the law to proceed.
In response, TSCRA President Carl Ray Polk Jr. released a statement emphasizing the organization’s opposition to cell-cultured protein entering the Texas marketplace.
“Texas & Southwestern Cattle Raisers Association remains committed to preserving the reputation and integrity of Texas beef, a product our membership has spent generations perfecting,” Polk said. “Our association will not stand idly by while animal cells grown in a lab are fed to Texas consumers with no long-term health studies proving their safety.”
Texas’ law, Senate Bill 261, which took effect Sept. 1, 2025, makes the sale of cell-cultured protein illegal in the state. Violations carry civil penalties of up to $25,000 per day, along with potential criminal charges for repeat offenses.
The lawsuit argues the ban violates the Constitution’s Commerce Clause by discriminating against out-of-state businesses, since all federally approved cultivated meat companies are currently based outside Texas. Before the ban took effect, Wildtype was selling cultivated salmon at a restaurant in Austin.
TSCRA has been one of the most vocal supporters of the law and was the only organization to testify in favor of the ban during committee hearings. Polk’s statement also criticized cultivated meat companies for opposing labeling and disclosure requirements.
“The same industries, individuals and organizations who promote and finance this unsafe product are the first to oppose or mount legal challenges against laws that require them to disclose to consumers their product is cell-cultured,” Polk said. “Any industry that refuses transparency with consumers should not be considered innovative, but rather dishonest.”
Supporters of the ban, including Texas agriculture officials, argue it protects farmers and ranchers from unfair competition and gives regulators time to evaluate safety and labeling concerns. Texas Agriculture Commissioner Sid Miller has repeatedly dismissed cultivated meat as a product consumers have rejected, encouraging Texans to continue supporting traditional livestock production.
Opponents of the ban, including the Institute for Justice, which represents the companies, argue that safety concerns are a pretext for economic protectionism. The companies note their products have already passed federal FDA and USDA safety reviews.
The case now moves into the discovery phase and could take months — or longer — to resolve. For now, the ban remains in place, keeping cultivated meat products off the market in Texas as similar legal fights unfold in other states, including Florida.
