Can “Wagyu” Be Used in Cultivated Meat? ～JACA Releases Industry Report on Labeling Rules and Contract Templates for Using Branded Livestock Cells～

2025年11月*日

This report examines key legal issues—particularly those related to ownership—arising from the use of branded livestock in cultivated food production. It reviews contract stipulations for seed cell transactions between cell providers and broadly defined cultivated food operators, and evaluates whether names such as Wagyu or other branded animals can be appropriately used to describe cultivated food products derived from their cells. This discussion is not limited to Wagyu; it can also be extended to other globally recognized livestock brands such as Spain’s Iberico pigs and Italy’s Chianina cattle, offering insights relevant to premium livestock industries worldwide.

Background

This report summarizes the findings of an investigation (the “Investigation”) conducted as part of the Research and Development on the Social Implementation of Cultivated Wagyu Beef, a project adopted under the Research and Development of Technologies to Promote Biomanufacturing program of the New Energy and Industrial Technology Development Organization (NEDO). The report was planned by Japan Association for Cellular Agriculture (“JACA”) and prepared by TMI Associates (“TMI”), a Japan-based law firm, as part of this initiative.This report is based on our understanding as of the end of February 2025, developed through interviews with relevant government ministries and agencies, former officials of the Livestock Department of the Ministry of Agriculture, Forestry and Fisheries, agricultural organization, two cell-based food startups, meat packers, and other related stakeholders.

Key outputs of the report

Legal Considerations for Wagyu-Derived Seed Cells

This report organizes the key legal and rights-related questions that have emerged regarding the acquisition and use of seed cells for cultivated food production, using branded animal cells. Drawing on interviews with businesses and discussions at the JACA Intellectual Property Committee, the report addresses some of the key findings, based on the domestic regulations such as Act on Welfare and Management of Animals and the Food Sanitation Act, Food Sanitation Law, etc.  

Ownership of Seed Cells

Under certain suppositions, the report also explores who holds original ownership of seed cells and what contractual items should be established when developing and producing cultivated meat products using Wagyu-derived cells.

For example, if no special agreement exists between the cell provider (the owner of the animal body or tissues) and the cell collection operator, ownership of the seed cells is generally considered to belong to the cell collection and/or cell processing operator. Accordingly, cultivated food producers should conclude contracts with these operators and clarify rights relationships concerning the use of seed cells.

Intellectual Property Value of Seed Cells

Separate from ownership, the report discusses whether seed cells themselves can be recognized as having intellectual property value. Two theoretical approaches were identified:

1. The approach that considers seed cells to have intellectual property value. In such cases, the right holder would likely be the livestock genetic resource producer—and cultivating companies would need permission and possibly compensation.
2. The approach that does not consider seed cells to have intellectual property value. Under this interpretation, permission or compensation beyond the seed cell owner’s consent may not be required.

Agreement Templates

The report also discusses the development of template agreements, such as one between livestock farmers as cell providers and cultivated food producers.

Advisability on Using Brand Names for Cattle

The report also examines considerations regarding the use of terms such as “Wagyu” or “[Brand name] beef” as names for cultivated food products. The summary is as below.

Key implications include labeling such as “cultivated meat (derived from Wagyu cells)” or “cultivated meat (cell origin: Wagyu)” may mislead consumers into thinking the product is equivalent to Wagyu, which could violate Article 5-1 of the Act against Unjustifiable Premiums and Misleading Representations as an indication that exaggerates quality. However, labeling that clearly states “does not precisely reflect the meat quality or texture of Wagyu meat” may be used without issue.

Guidance for Companies Claiming the Use of “Wagyu Cells” in Cultivated Meat

It is essential for the cultivated food industry to maintain a clear stance that it does not seek to conflict with or replace existing livestock production. This principle must be demonstrated not only in words but also through actions.

In particular, cultivated food producers should avoid any behavior that could be perceived as free-riding on the brand value that livestock farmers—including Wagyu producers in Japan and other premium cattle farmers around the world—have built over generations.

Although Japan currently has no specific regulation governing the use of Wagyu-derived cells in cultivated food, JACA has proactively developed an industry guideline to prevent potential conflicts and to promote constructive collaboration between the cultivated food sector and livestock farmers.

For cultivated food companies considering partnerships with Japanese Wagyu farmers, we strongly recommend reviewing this report in advance and sharing its Japanese-language version with their partner farmers. JACA is also available to assist in providing an advance Japanese-language briefing of the report directly to the farmers upon request.