A judge blocked the USDA from restricting the use of Supplemental Nutrition Assistance Program (SNAP) to buy sugary foods or drinks in several states. U.S. District Judge Amy Berman Jackson’s ruling favors challengers of policies in Colorado, Iowa, West Virginia, Tennessee, and Nebraska that allow for the restrictions of certain foods.
“Congress defined what ‘food’ is supposed to be, and it did not authorize the agency to amend or waive the definition it enacted. It did not authorize the agency to cut types of food out of SNAP entirely,” the judge wrote.
“It set out clearly the type of experimental projects that could be tested to address the unquestionably serious health issues attributed to the rise of obesity in the population in general and particularly the low-income population. But it did not invite the Secretary to ignore its directives by trying to advance those ends under the banner of ‘efficiency’ or administrative improvements.”
A USDA spokesperson said in a statement that the “idea that taxpayer funds should not be used to purchase junk food should not be controversial. USDA will not be backing down from the fight to Make America Healthy Again, including for families and communities reliant on SNAP.”
Last year, USDA Secretary Brooke Rollins signed SNAP food-choice waivers for West Virginia, Florida, Colorado, Louisiana, Oklahoma, and Texas, which prohibited the use of SNAP for soda, candy, and other junk foods. The waivers amend the statutory definition of “food for purchase,” restricting sugary beverages, snacks, and other ultra-processed items beginning in 2026.
