The Case of the Cultivated Chicken with Paul Sherman

The Animal Law Podcast

Paul Sherman, senior attorney with the public interest law firm The Institute for Justice, joins us this week to discuss the legal battle over cultivated meat in Florida. Paul is leading the landmark lawsuit brought by UPSIDE Foods, challenging Florida’s controversial statute that criminalizes (criminalizes!) the production and sale of USDA-approved cultivated meat products in the state.

This pivotal case examines constitutional challenges to state food regulation through both the dormant commerce clause and federal preemption arguments. Key questions include: Does cultivated chicken meet the federal definition of poultry? How does the federal Poultry Products Inspection Act affect producers’ rights? And can states ban products that federal regulators have deemed safe?

Key Discussion Points:

• Federal preemption of state food safety regulations
• Interstate commerce implications for cultivated meat
• USDA approval process for novel food products
• State restrictions on food technology innovation
• Legal framework for challenging state food bans

ABOUT OUR GUEST

Paul Sherman is a senior attorney at the Institute for Justice, where he champions individual rights and constitutional protections through groundbreaking litigation. Specializing in First Amendment cases and economic liberty, Sherman leads significant legal challenges including UPSIDE Foods’ fight against Florida’s cultivated meat ban and cases defending plant-based meat alternatives’ advertising rights. His work at the nonprofit public-interest law firm focuses on challenging restrictive occupational-licensing laws that burden free speech and defending individual liberties in both federal and state courts. Sherman holds a law degree from George Washington University Law School and degrees in political campaigning and political science from the University of Florida.

RESOURCES

• Institute for Justice website
• Florida Cultivated Meat Ban Case Information

INTERVIEW TRANSCRIPT

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