Federal Court Blocks USDA Attempt to Let States Ban Soda and Candy from SNAP Purchases
A federal judge has ruled that the USDA exceeded its authority by allowing five states to prohibit SNAP recipients from buying sugary drinks and snacks, preserving current food access rules.
By Lan Xu
- Public Health Advocates
- Supporters of the waivers argue that taxpayer funds should not subsidize foods linked to chronic disease.
- Food Access Organizations
- Advocates for low-income families argue that restrictions stigmatize shoppers and ignore the realities of food insecurity.
- Retailers and Industry
- Grocers and beverage manufacturers face significant financial and operational disruptions from state-by-state restrictions.
Fast facts
- A federal judge blocked USDA waivers that allowed five states to ban SNAP purchases of soda, candy, and energy drinks.
- The court ruled the USDA exceeded its authority by attempting to redefine what constitutes 'food' under federal law.
- The decision restores purchasing freedom for millions of low-income families and halts similar pilot programs planned in nearly two dozen other states.
- Agriculture Secretary Brooke Rollins vowed to continue the push to restrict junk food purchases under the Make America Healthy Again initiative.
Why this matters
The ruling prevents a confusing state-by-state patchwork of food restrictions and ensures that the 42 million Americans relying on SNAP maintain the freedom to choose their own groceries, including items necessary for managing specific health conditions.
How we got here
April–August 2025
The USDA approves waivers for Colorado, Iowa, Nebraska, Tennessee, and West Virginia to restrict SNAP purchases of certain sugary items.
January 2026
West Virginia becomes the first state to implement the restrictions, requiring retailers to reprogram point-of-sale systems.
March 2026
A coalition of SNAP recipients from the five pilot states files a federal lawsuit challenging the USDA's authority to approve the waivers.
June 2026
U.S. District Judge Amy Berman Jackson strikes down the waivers, ruling the USDA violated the Administrative Procedure Act.
For millions of Americans, the grocery checkout line is a careful balancing act of budgets and family needs. Over the past year, that routine has been complicated by a push from the U.S. Department of Agriculture to ban the purchase of soda, candy, and energy drinks using Supplemental Nutrition Assistance Program (SNAP) benefits. But on Monday, U.S. District Judge Amy Berman Jackson halted the effort, ruling that the USDA exceeded its statutory authority. The decision restores standard purchasing rules across five pilot states and effectively pauses similar plans in nearly two dozen others, ensuring that shoppers won't face unexpected rejections at the register.[1][2]
The legal challenge was sparked by a wave of approvals granted to Colorado, Iowa, Nebraska, Tennessee, and West Virginia between April and August of last year. These states were given the green light to conduct pilot projects that would automatically decline EBT transactions for specific sugary items. The restrictions varied wildly—some targeted only carbonated soft drinks, while others broadly banned prepared desserts and candy. For shoppers, it meant navigating a confusing, state-by-state patchwork of grocery rules that threatened to upend the $100 billion federal assistance program and turn local cashiers into nutritional enforcers.[4][5]
In March, a coalition of SNAP recipients from the five pilot states filed suit, represented by the National Center for Law and Economic Justice (NCLEJ). The plaintiffs argued that the bans would destabilize food access and create dangerous hurdles for individuals managing chronic illnesses. For example, some plaintiffs noted that specific sugary items are necessary to quickly manage blood sugar drops, while others cited conditions like avoidant/restrictive food intake disorder (ARFID) that severely limit safe food options. The NCLEJ argued that the USDA was attempting to curb the fundamental freedom of participants to choose the food their families need to get through the week.[1][4]

In her 68-page opinion, Judge Jackson focused strictly on administrative law rather than the nutritional merits of the policy. She noted that Congress explicitly defined what constitutes "food" under the SNAP program, and the USDA cannot simply amend or waive that definition through executive action. "Congress defined what 'food' is supposed to be, and it did not authorize the agency to amend or waive the definition it enacted," Jackson wrote. She clarified that her ruling was not a judgment on whether restricting junk food is a good idea, but rather a determination that the agency bypassed the legal guardrails established by lawmakers.[1][2]
In her 68-page opinion, Judge Jackson focused strictly on administrative law rather than the nutritional merits of the policy.
The court also scrutinized the specific statutory mechanisms the USDA used to justify the waivers. The agency had relied on a provision of federal law that allows pilot projects designed to "increase the efficiency" of the SNAP program. Judge Jackson rejected this rationale, noting that none of the state plans indicated how banning a bottle of soda would make the program run more smoothly. Furthermore, the court found that the USDA violated its own regulations by failing to post advance notice of the major pilot projects in the Federal Register, a mandatory procedural step meant to give the public a voice.[2][5]
The waivers were a cornerstone of the "Make America Healthy Again" initiative championed by Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. Proponents argued that taxpayer funds should not subsidize highly processed foods linked to obesity, diabetes, and rising healthcare costs. Following the ruling, the USDA vowed to continue its push. Secretary Rollins took to social media to criticize the decision, stating that taxpayers should not be forced to fund "sugar bombs" at the expense of American health, and an agency spokesperson confirmed they would not back down from the fight.[2][3]

Beyond the political and nutritional debate, the ruling carries massive financial and logistical implications for the food and beverage industry. Data analytics firm Numerator had projected that if the restrictions rolled out across all states seeking waivers by the end of 2026, it could result in an $830 million sales loss for the soda, candy, and energy drink categories. Retailers were also caught in the crossfire. In West Virginia, where the ban went into effect earlier this year, over 2,000 participating retailers had already reprogrammed their point-of-sale systems to decline restricted items. Those neighborhood stores now face a costly reset as federal authorities unwind the project.[2][6]
Food access advocates lauded the decision as a victory against the stigmatization of low-income shoppers. They have long argued that SNAP recipients already face systemic hurdles, including food deserts and inflated grocery prices, and that dictating their checkout carts adds unnecessary shame to the program. By striking down the waivers, the court affirmed that families deserve a program that operates without the confusion of arbitrary, localized restrictions. "This decision makes clear that the USDA cannot bypass the legal guardrails that establish how SNAP must operate across the country," said Katharine Deabler-Meadows, senior attorney at the NCLEJ.[4][7]
The decision sets a firm precedent that any future attempts to narrow what low-income families can buy with EBT cards will face strict statutory scrutiny. While the USDA is expected to appeal the ruling, the immediate effect is a return to a uniform federal standard. For the 42 million Americans relying on the program, the ruling ensures that their benefits will continue to function as Congress originally designed, preserving their autonomy in the grocery aisles. If policymakers wish to redefine what counts as food in the SNAP program, they will now have to take that fight directly to the legislative branch.[1][6]
Viewpoints in depth
Public Health Advocates
Supporters of the waivers argue that taxpayer funds should not subsidize foods linked to chronic disease.
Officials driving the 'Make America Healthy Again' initiative view the SNAP program as a critical lever for improving national health outcomes. They point to skyrocketing rates of obesity and diabetes among low-income populations, arguing that allowing billions of federal dollars to flow toward soda and candy actively harms the communities the program is meant to help. From this perspective, restricting highly processed items is a necessary intervention to align food assistance with modern nutritional science.
Food Access Organizations
Advocates for low-income families argue that restrictions stigmatize shoppers and ignore the realities of food insecurity.
Organizations representing SNAP recipients maintain that dictating what families can buy adds unnecessary shame and logistical hurdles to an already strained population. They emphasize that many recipients live in food deserts where fresh, whole foods are unavailable or prohibitively expensive. Furthermore, they argue that blanket bans fail to account for individuals with specific medical needs—such as those managing blood sugar drops or restrictive eating disorders—who rely on certain sugary items for their immediate health.
Retailers and the Food Industry
Grocers and beverage manufacturers face significant financial and operational disruptions from state-by-state restrictions.
For the grocery sector, the waivers introduced a logistical nightmare. Implementing the bans required retailers to reprogram point-of-sale systems to automatically identify and decline specific items, a process complicated by varying definitions of 'junk food' across different states. Meanwhile, beverage and snack manufacturers faced the prospect of nearly a billion dollars in lost sales. Industry groups generally favor a uniform federal standard, arguing that a patchwork of state rules creates confusion at the register and places an unfair enforcement burden on local cashiers.
Sources
[1]CBS NewsPublic Health Advocates
Trump administration can't block SNAP recipients in 5 states from buying soda and candy, judge rules
Read on CBS News →[2]Grocery DivePublic Health Advocates
A federal district court judge ruled Monday that the USDA exceeded its legal authority
Read on Grocery Dive →[3]Food NavigatorRetailers and Industry
Federal court blocks food benefits ban on soda and candy
Read on Food Navigator →[4]Word In BlackFood Access Organizations
Judge Orders Halt to SNAP's Ban on Sugary Foods
Read on Word In Black →[5]Covington & Burling LLPRetailers and Industry
District Court Vacates USDA Waivers Restricting SNAP Purchases
Read on Covington & Burling LLP →[6]Legal NewslineRetailers and Industry
Federal judge strikes down West Virginia waiver banning soda purchases with SNAP
Read on Legal Newsline →[7]The Daily RecordFood Access Organizations
Judge blocks Trump administration SNAP restrictions on soda, candy
Read on The Daily Record →
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