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The original 2023 headline was about UPSIDE Foods and GOOD Meat: both completed the federal steps documented for their first U.S. restaurant sales. The later record is more nuanced. FDA listed three chicken companies with completed safety consultations by February 2026, but that consultation is not permission to sell. The sources cited here confirm UPSIDE had a USDA grant of inspection and could sell across state lines as of March 23, 2026; they do not establish Believer Meats’ sale authorization or GOOD Meat’s present market status.
What “two companies can sell” meant in 2023
“Lab-grown,” “cultivated,” and “cultured” chicken here mean food produced from animal cells grown in a controlled environment, such as a bioreactor—not plant-based meat. USDA describes cells being grown and then harvested for food.
UPSIDE Foods and GOOD Meat were the first two companies to complete the relevant federal steps and make initial U.S. restaurant sales in July 2023, in San Francisco and Washington, D.C., respectively, according to the Congressional Research Service’s Cell-Cultivated Meat: An Overview. That is the milestone behind the headline. It should not be read as proof that both companies are selling now, or that the product is broadly available to consumers.
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FDA’s inventory, updated February 2026, lists five completed consultations for human food made with cultured animal cells. Three are for chicken: Believer Meats, UPSIDE Foods, and GOOD Meat. The other two concern pork fat cells from Mission Barns and salmon cells from Wildtype. This is a count of completed FDA consultations, not a list of companies cleared to sell.
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| Company | What the cited record establishes | What it does not establish |
|---|---|---|
| UPSIDE Foods | FDA completed its consultation on November 16, 2022. CRS reports USDA issued it a grant of inspection in June 2023 and records its initial restaurant sales that July. The Eleventh Circuit stated on March 23, 2026, that UPSIDE had a USDA grant of inspection and could sell its chicken in interstate commerce. | That federal inspection status does not mean every state permits sales. The court affirmed that federal law did not preempt Florida SB 1084 as applied in UPSIDE’s case. |
| GOOD Meat | FDA’s inventory records its consultation response on March 20, 2023, and also displays a later response letter dated June 9, 2023. CRS reports a USDA grant of inspection and initial restaurant sales in July 2023. | The cited sources do not verify GOOD Meat’s present operating or market status. |
| Believer Meats | FDA’s inventory records a completed consultation response for cultured chicken cell material on July 24, 2025. | The FDA consultation record does not establish that Believer has a USDA grant of inspection or is currently selling chicken. |
Why FDA consultation is not the same as permission to sell
The federal process involves separate responsibilities. FDA reviews the preharvest production process and food-safety information. USDA’s Food Safety and Inspection Service (FSIS) oversees harvesting and subsequent processing, packaging, inspection, and labeling for covered meat and poultry products.
| Federal step | What it covers | What completion means |
|---|---|---|
| FDA voluntary premarket consultation | FDA evaluates information about the production process and cultured-cell material, including cell lines and banks, manufacturing controls, and components and inputs. The firm must also meet applicable FDA requirements, such as facility registration. | FDA says it has no further questions at that time about the firm’s safety conclusion. The agency explicitly says this is not an approval process. |
| USDA-FSIS inspection and product requirements | FSIS oversees harvesting and later processing, packaging, inspection, and labeling. Establishments intending to harvest or process covered cell-cultured meat and poultry must obtain a grant of inspection; labels must be submitted for review and approval. | FSIS inspectors review batch records and verify applicable requirements. The inspection and label steps are separate from FDA’s consultation. |
FDA’s November 16, 2022 update put the distinction plainly: “The voluntary pre-market consultation is not an approval process.” It said a completed consultation means that, after evaluating the information shared, FDA has “no further questions at this time about the firm’s safety conclusion.” That is a statement about FDA’s review, not a substitute for USDA inspection and product requirements.
Federal status and state restrictions are separate questions
A federal grant of inspection does not settle whether a product may be sold in every state. In Upside Foods Inc. v. Commissioner, Florida Department of Agriculture, filed March 23, 2026, the Eleventh Circuit affirmed that federal law did not preempt Florida SB 1084 as applied in that case. The opinion also said UPSIDE had a USDA grant of inspection and could sell its chicken in interstate commerce. The ruling therefore distinguishes federal inspection status from the state-law question before the court; it should not be generalized into a claim about every state’s rules.
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The documented 2023 restaurant launches establish initial sales, not current availability. The FDA inventory tracks consultations, while the cited USDA materials explain inspection requirements; they do not provide a current consumer sales map. The sources cited here do not settle current restaurant listings, grocery-store availability, online retail, prices, production volumes, or consumer purchase counts.
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For that reason, FDA’s list of three chicken consultation sponsors should not be treated as a shopping guide. It shows which firms completed that FDA step, not which products are currently available at a particular venue or in a particular state. Confirm availability directly with a restaurant or retailer rather than assuming a consultation record means the product is on sale.
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