SNAP PolicyCourt RulingJun 23, 2026, 2:42 AM· 6 min read· #2 of 2 in news politics

Federal Judge Blocks USDA from Banning Sugary Drinks and Candy in SNAP Purchases

A federal judge has struck down Trump administration waivers that allowed 23 states to ban food stamp recipients from purchasing sugary drinks and candy, ruling the USDA overstepped its legal authority.

By Factlen Editorial Team

Public Health Advocates 35%Anti-Hunger Organizations 35%Retailers & Grocers 30%
Public Health Advocates
Argues that taxpayer funds should not subsidize products linked to chronic disease and obesity.
Anti-Hunger Organizations
Maintains that restrictions stigmatize low-income families and ignore the root cause of poor diets: high grocery costs.
Retailers & Grocers
Frustrated by the logistical nightmare of enforcing patchwork definitions of 'candy' and 'soda' across different states.

What's not represented

  • · Food and beverage industry lobbyists
  • · State-level SNAP administrators

Why this matters

This ruling preserves the current purchasing freedom for 42 million Americans relying on SNAP benefits, while dealing a significant legal blow to the administration's sweeping 'Make America Healthy Again' agenda.

Key points

  • A federal judge blocked the USDA from allowing states to ban SNAP purchases of sugary drinks and candy.
  • The ruling found that the USDA lacked the statutory authority to approve the state waivers.
  • The decision halts a major component of the administration's 'Make America Healthy Again' agenda.
  • Retailers had reported massive confusion trying to enforce a patchwork of state-level definitions for candy and soda.
  • Anti-hunger advocates praised the ruling, arguing the bans stigmatized low-income families.
42 million
Americans receiving SNAP benefits
23
States granted USDA waivers to restrict purchases
$100 billion
Annual cost of the SNAP program

U.S. District Judge Amy Berman Jackson has blocked the U.S. Department of Agriculture from allowing states to ban food stamp recipients from purchasing sugary drinks and candy. In a ruling issued Monday in Washington, D.C., the judge struck down a series of controversial waivers that had authorized 23 states to restrict the types of groceries eligible for purchase under the Supplemental Nutrition Assistance Program (SNAP). The decision halts a major component of the Trump administration's domestic policy agenda and preserves the purchasing autonomy of the roughly 42 million low-income Americans who rely on the federal food assistance program to feed their families.[1][2]

The ruling deals a significant legal blow to the "Make America Healthy Again" (MAHA) movement, an initiative heavily championed by Health and Human Services Secretary Robert F. Kennedy Jr. and Agriculture Secretary Brooke Rollins. The administration had utilized the waiver process to encourage states to strip federal subsidies from products linked to obesity and chronic disease. However, Judge Jackson ruled that the USDA fundamentally lacked the statutory authority to approve these specific restrictions. While acknowledging that the government may have a genuine desire to improve public health, Jackson wrote that federal agencies "cannot violate the law and their own regulations along the way."[1][2]

Under the Food and Nutrition Act of 2008, SNAP benefits can legally be used to purchase almost any food or beverage intended for human consumption, with longstanding, explicitly defined exceptions for alcohol, tobacco, and hot prepared meals designed for immediate consumption. Judge Jackson noted in her ruling that the law permits the USDA to grant state waivers only for highly limited purposes, such as improving the administrative and operational efficiency of the program. Altering the dietary choices of recipients to improve long-term health outcomes, she concluded, is simply not a legally permissible reason for the executive branch to bypass the clear text of the statute.[2]

The lawsuit that prompted the injunction was filed in March by five SNAP recipients residing in Colorado, Iowa, Nebraska, Tennessee, and West Virginia. Represented by the National Center for Law and Economic Justice, the plaintiffs argued that the state-level bans destabilized their access to food and caused irreparable harm. They contended that the USDA had approved the waivers without conducting reasoned decision-making, effectively forcing vulnerable families to choose between spending scarce cash on restricted items or forgoing basic necessities like rent and transportation.[2]

The USDA had previously approved waivers for 23 states to implement new item restrictions.
The USDA had previously approved waivers for 23 states to implement new item restrictions.

For several plaintiffs, the restrictions posed immediate medical and developmental challenges. One mother from Knoxville, Tennessee, testified that her 19-year-old autistic daughter suffers from a severe eating disorder and relies on a highly restricted diet of only a few "safe" foods. Under her state's proposed waiver, items like fruit punch and specific candies would have been banned, leaving her daughter with only three eligible items, including bottled water. Other plaintiffs noted they relied on specific restricted foods to manage health conditions such as diabetes and severe allergies.

For several plaintiffs, the restrictions posed immediate medical and developmental challenges.

Anti-hunger organizations have fiercely opposed the MAHA nutrition restrictions, arguing that the policies are inherently paternalistic and stigmatize low-income families. Advocates point out that SNAP provides an average individual benefit of just over $6 per day. At that funding level, many recipients are forced to maximize their caloric intake by purchasing the cheapest available foods. Organizations like the Food Research & Action Center argue that if the government truly wants to improve the diets of the poor, it should focus on lowering the stubbornly high cost of fresh fruits and vegetables rather than policing grocery carts.[4]

The administration and its allies maintain that the federal government should not be in the business of subsidizing the nation's chronic disease epidemic. With the SNAP program costing taxpayers approximately $100 billion annually, proponents of the bans argue that the public is effectively paying twice: first at the grocery store checkout, and later through Medicare and Medicaid to treat diet-related illnesses. "The idea that taxpayer funds should not be used to purchase junk food should not be controversial," a USDA spokesperson said following the ruling, signaling that the agency will not back down from the fight.[2]

Anti-hunger advocates point to rising food costs as the primary barrier to healthy eating for low-income families.
Anti-hunger advocates point to rising food costs as the primary barrier to healthy eating for low-income families.

Beyond the ideological debate, the rollout of the state-level bans had already created a logistical nightmare for the grocery industry. Because the USDA did not establish a uniform national definition for what constitutes "candy" or a "sugary drink," retailers were left to navigate a chaotic patchwork of conflicting state regulations. Independent grocers and convenience store owners reported massive confusion at the checkout counter, as point-of-sale software systems struggled to accurately flag restricted items across different jurisdictions.[3]

The lack of clarity led to bizarre regulatory distinctions that frustrated both cashiers and shoppers. In Idaho, for example, state legislators had to clarify that products like KitKats and Twix were permitted because they contain flour, exempting them from the state's definition of candy. Meanwhile, in other states, SNAP recipients were surprised to discover that certain sports drinks and flavored fizzy waters were suddenly off-limits. Industry representatives warned that without federal standardization, the waivers were creating an unworkable environment for the nation's food retailers.[3]

Retailers reported massive confusion trying to enforce a patchwork of state-level definitions for candy and soda.
Retailers reported massive confusion trying to enforce a patchwork of state-level definitions for candy and soda.

The push to restrict SNAP purchases is not entirely new, though it has never been implemented on this scale. In 2011, the USDA rejected a high-profile attempt by then-New York City Mayor Mike Bloomberg to ban the purchase of sugar-sweetened beverages with food stamps, citing the immense complexity of enforcing such a rule. During Donald Trump's first term, the agency similarly denied an effort by Maine to ban candy and sugary drinks. The recent approval of 23 state waivers marked a dramatic shift in federal policy, one that has now been halted by the judiciary.[3]

The ruling leaves the administration with limited options to advance the MAHA agenda through the SNAP program. The USDA could appeal Judge Jackson's decision to a higher court, though legal experts suggest the statutory language of the Food and Nutrition Act presents a formidable hurdle. Alternatively, the administration could lobby Congress to amend the underlying law to explicitly exclude sugary drinks and candy, a legislative battle that would likely face fierce opposition from both anti-hunger advocates and the powerful food and beverage lobbying sector.[4]

For now, the 42 million Americans enrolled in SNAP will retain the ability to purchase the groceries of their choice without facing state-level restrictions on sugar and confections. The injunction provides immediate relief to families who feared their access to essential sustenance was being compromised by bureaucratic overreach. As the legal and political battles over the future of federal food assistance continue to unfold in Washington, the ruling underscores the deep and ongoing tensions between ambitious public health initiatives, the preservation of individual autonomy for low-income citizens, and the strict limits of executive branch authority.[1][2][4]

How we got here

  1. 2008

    Congress passes the Food and Nutrition Act, defining eligible SNAP purchases broadly.

  2. 2011

    The USDA rejects New York City's request to ban sugary drinks from SNAP purchases, citing complexity.

  3. April 2025

    Arkansas and Indiana become the first states to formally request waivers to ban candy and soda.

  4. Early 2026

    The USDA approves waivers for 23 states under the 'Make America Healthy Again' initiative.

  5. March 2026

    Five SNAP recipients sue the USDA, arguing the waivers destabilize their access to food.

  6. June 22, 2026

    A federal judge strikes down the waivers, ruling the USDA exceeded its authority.

Viewpoints in depth

The Administration's Stance

Taxpayer dollars should not fund the chronic disease epidemic.

Proponents of the 'Make America Healthy Again' agenda, including HHS Secretary Robert F. Kennedy Jr. and Agriculture Secretary Brooke Rollins, argue that the federal government is subsidizing the very products driving America's health crisis. With SNAP costing roughly $100 billion annually, they contend that taxpayers are paying twice: first at the grocery checkout, and later through Medicare and Medicaid to treat obesity and diabetes. They view the waivers as a necessary step to align federal food assistance with basic nutritional standards.

Anti-Hunger Advocates' View

Restrictions stigmatize the poor and ignore the economic realities of food access.

Organizations like the Food Research & Action Center argue that banning specific items is a paternalistic policy that unfairly targets low-income families. They emphasize that SNAP benefits average only about $6 per day per person, forcing many recipients to buy the cheapest, most calorie-dense foods available to avoid hunger. Rather than policing grocery carts, these advocates argue the government should focus on lowering the cost of fresh fruits and vegetables and increasing overall benefit amounts.

The Retailers' Dilemma

Patchwork state regulations create an unworkable logistical nightmare at the register.

Independent grocers and convenience store owners have found themselves on the front lines of enforcing the new rules, often with disastrous results. Because the USDA did not establish a uniform national definition for 'candy' or 'sugary drinks,' retailers have had to navigate conflicting state laws. The resulting confusion has led to delayed checkout times, software programming headaches for point-of-sale systems, and uncomfortable confrontations between cashiers and shoppers over whether specific items, like sports drinks or flour-based confections, are eligible for purchase.

What we don't know

  • Whether the Justice Department will appeal Judge Jackson's ruling to a higher federal court.
  • How states that have already implemented the bans will unwind the restrictions at the retail level.
  • If the administration will pivot to lobbying Congress to change the underlying Food and Nutrition Act.

Key terms

SNAP
The Supplemental Nutrition Assistance Program, a federal initiative providing food-purchasing assistance to low-income individuals, formerly known as food stamps.
Waiver
A formal approval granted by the federal government allowing a state to bypass certain standard regulations to test new policies.
MAHA
'Make America Healthy Again,' an administration agenda focused on reforming food and health policies to combat chronic diseases.
Food and Nutrition Act of 2008
The federal law that authorizes SNAP and dictates that benefits can be used for almost any food intended for human consumption.

Frequently asked

Why did the judge block the ban?

U.S. District Judge Amy Berman Jackson ruled that the USDA lacks the legal authority under the Food and Nutrition Act to approve state waivers that restrict dietary choices.

How many states were trying to ban sugary drinks and candy?

The USDA had approved waivers for 23 states to implement various restrictions on what SNAP recipients could purchase.

What is the MAHA movement?

'Make America Healthy Again' is an administration initiative aimed at reducing chronic disease by altering federal health and nutrition policies.

Can SNAP recipients currently buy hot food?

No, the SNAP program's longstanding rules prohibit the purchase of hot, prepared foods, as well as alcohol, tobacco, and non-food items.

Sources

Source coverage

4 outlets

3 viewpoints surfaced

Public Health Advocates 35%Anti-Hunger Organizations 35%Retailers & Grocers 30%
  1. [1]The New York TimesRetailers & Grocers

    Judge Blocks Bans on Using Food Stamps for Sugary Drinks and Candy

    Read on The New York Times
  2. [2]ReutersPublic Health Advocates

    Federal judge blocks USDA-approved SNAP restrictions in 23 states

    Read on Reuters
  3. [3]The Washington PostRetailers & Grocers

    Many GOP states are enacting soda and candy bans for food stamp purchases

    Read on The Washington Post
  4. [4]CBS NewsAnti-Hunger Organizations

    States move to ban food stamp purchases of soda and candy

    Read on CBS News
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