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The Case of the Cultivated Chicken with Paul Sherman

K R Animal Law 25 December 2024


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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.


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INTERVIEW TRANSCRIPT

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The Case of the Cows, the Gas, and the Money with Kelsey Eberly and Skye Walker

K R Animal Law 26 March 2025

FarmSTAND attorneys Kelsey Eberly and Skye Walker join us on this episode to discuss an absolutely infuriating case, Blumm v Northwest Natural Gas Company. They explain how an increasing number of dairy farms are more in the business of selling …continue

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Proudly brought to you by: K R Animal Law 26 March 2025