A Chicken by Any Other Name

Litigation attorney Eric Alexander authored a Drug & Device Law article analyzing the Upside Foods, Inc. v. Simpson case, which challenged Florida's prohibition on cultivated chicken meat. The court determined that the federal Poultry Product Inspection Act (PPIA) gives exclusive enforcement authority to the federal government but concluded that Florida's law does not violate the PPIA's express preemption provisions. Mr. Alexander also highlights that the court permitted the dormant Commerce Clause claim to proceed, noting concerns of potential discrimination against out-of-state cultivated meat producers because of Florida's protectionist intent.

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