U.S. Food and Drug Administration Commissioner Scott Gottlieb issued a statement on June 15 saying that the agency will have jurisdiction over lab-grown (or cultured) meat. This comes as somewhat of a surprise, since the U.S. Dept. of Agriculture (USDA) regulates meat and poultry. Both agencies have shown interest in overseeing the sector, which is getting a lot of attention thanks to companies like Memphis Meats and backers like Tyson Foods  and Bill Gates.

While it is likely to take years before a cultured meat product comes to market, the FDA has already begun the battle for control with the publication of Gottlieb’s statement and with its announcement of a public meeting on the issue to be held next month. “Under the Federal Food, Drug, and Cosmetic Act, the FDA has jurisdiction over ‘food,’ which includes ‘articles used for food’ and ‘articles used for components of any such article.’ Thus, as a starting point, both substances used in the manufacture of these products of animal cell culture technology and the products themselves that will be used for food are subject to the FDA’s jurisdiction,” wrote Gottlieb.

The USDA seems willing to put up a fight for regulatory control of cultured meat. “FDA’s claim of jurisdiction over food—and anything used in food—is so overly broad that it implies that USDA doesn’t have a role,” a USDA spokesperson said in a statement to Politico. “According to federal law, meat and poultry inspections are the sole purview of USDA, so we expect any product marketed as ‘meat’ to be USDA’s responsibility. We look forward to working with FDA as we engage the public on this issue.”

Given the complex technology involved in manufacturing lab-grown meat, the FDA believes it is better suited to be at the helm. Additionally, as Gottlieb mentioned “the agency currently evaluates microbial, algal, and fungal cells generated by large-scale culture and used as direct food ingredients. The agency administers safety assessment programs for a broad array of food ingredients, including foods derived from genetically engineered plants, and also manages safety issues associated with cell culture technology in therapeutic settings.”

Meat and livestock groups aren’t too happy with the FDA’s declaration. The National Cattlemen’s Beef Association (NCBA) issued the following response: “NCBA looks forward to participating fully in the public meeting, and will use the opportunity to advocate for USDA oversight of lab-grown fake meat products. The Food and Drug Administration’s announcement disregards the authorities granted to USDA under the Federal Meat Inspection Act, as well as USDA’s significant scientific expertise and long-standing success in ensuring the safety of all meat and poultry products. Under the current regulatory framework, FDA plays an important role in terms of ensuring the safety of food additives used in meat, poultry, and egg products. All additives are initially evaluated for safety by FDA, but ultimately FSIS maintains primary jurisdiction.”

Press release

Politico article

NCBA statement

In This Article

  1. Food Policy

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