A federal judge has impeded an attempt backed by the Trump administration to prevent Supplemental Nutrition Assistance Program (SNAP) recipients from using their benefits to buy soda and other sugary products. This decision could impact millions of Americans across the country.
U.S. District Judge Amy Berman Jackson issued a 68-page decision, noting that Congress had not authorized the U.S. Department of Agriculture (USDA) to alter or waive Congress’ definition of eligible food under the Food and Nutrition Act. She highlighted that the department could not remove certain food types from SNAP eligibility entirely.
The ruling nullifies USDA approvals, which allowed states to pilot programs excluding items like soda and candy from SNAP eligibility. This decision halts a significant effort to change SNAP purchasing rules to combat rising diet-related diseases in the U.S.
The lawsuit was brought by SNAP recipients in Colorado, Iowa, Nebraska, Tennessee, and West Virginia, represented by the National Center for Law and Economic Justice (NCLEJ). However, a total of 23 states had food restriction waivers approved by the USDA. This signifies that 13.5 million SNAP recipients could be affected by this ruling.
Historically, SNAP benefits could be used for any food products or beverages “intended for human consumption,” with the exceptions of alcohol, tobacco, and prepared hot foods. As part of Robert F. Kennedy Jr’s “Make America Healthy Again” campaign, the restriction policy aimed to reduce sugary product consumption among low-income households, which the health secretary noted contributes to America’s obesity and diabetes rates.
Critics warned it could complicate the program that serves around 42 million Americans. Despite attempts for comment, USDA and the Department of Health and Human Services (HHS) did not respond immediately.
States With Approved SNAP Food Restriction Waivers
The USDA waiver database lists states with approved “food restriction” waivers. These include the five states directly involved in the lawsuit—Colorado, Iowa, Nebraska, Tennessee, and West Virginia—along with states like Arkansas, Florida, Idaho, Indiana, Texas, Utah, Virginia, and others.
Waiver requests from Colorado, Iowa, Nebraska, Tennessee, and West Virginia sought to exclude soda and similar items from SNAP purchases, labeling them “unhealthy.” Pilot programs in these states had started before the ruling, with Tennessee slated to begin in July. The waivers were trial programs intended to study shopping patterns and assess health impacts without opt-out options for participants.
The restrictions varied, with some states targeting only soft drinks, while others restricted candies, desserts, or all taxable food items.
Millions of Americans Impacted by the Ruling
The ruling could affect millions of SNAP recipients based on the number of recipients in waiver-approved states. Colorado has approximately 580,000 recipients, Tennessee has about 596,000, Iowa around 242,000, West Virginia about 256,000, and Nebraska about 132,000, according to USDA’s enrollment data.
Nationally, over 20 states had USDA-approved waivers, indicating the policy could have altered food purchasing rules for a total of 13.5 million Americans. The NCLEJ praised the decision, speaking of its importance in restoring essential food assistance for families relying on SNAP nationwide.
“This decision makes clear that the USDA cannot bypass the legal guardrails that establish how SNAP must operate across the country. It affirms that families deserve a program that works without confusion,” said Katie Deabler, senior attorney at the NCLEJ.
The USDA suggested it might continue seeking ways to restrict SNAP purchases, implying ongoing legal challenges over qualifying “food” items within the program. Currently, the court’s decision upholds federal rules allowing SNAP recipients to purchase most food items.
States With Approved USDA SNAP Food Restriction Waivers
Source: USDA Food and Nutrition Service
- Arkansas
- Colorado
- Florida
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Louisiana
- Missouri
- Montana
- Nebraska
- Nevada
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming