Federal Judge Rules Against SNAP Restriction Waivers in 5 States
The judge ruled the waivers misapplied federal law in approving requests to impose limits on what participants can buy with funds.
Jun 23, 2026
A federal judge on Monday ruled in favor of the Supplemental Nutrition Assistance Program (SNAP) recipients that sued over state restriction waivers in Colorado, Iowa, Nebraska, Tennessee and West Virginia. The waivers would restrict what foods SNAP recipients can purchase with their benefits, banning items such as soda, energy drinks and candy.
U.S. District Judge Amy Berman Jackson wrote in her decision that Agriculture Secretary Brooke Rollins, who oversees the SNAP program, misapplied federal law in approving requests from states to allow them to impose limits on what participants can buy with funds from the food aid program. Her ruling applies to Colorado, Iowa, Nebraska, Tennessee and West Virginia.
“With her solicitation and approval of the pilot projects in this case, the Secretary purports to waive not just a mere administrative or technical obstacle, but the very definition of ‘food’ as it was laid down by Congress,” Berman wrote. “Neither the USDA nor the states can force this square peg into a round hole to avoid the plain language of the statute and the requirements of 2026(k).”
At least 23 states have applied for waivers that would allow them to limit certain foods in the SNAP program such as soda or candy, according to USDA’s data.
“The idea of limiting SNAP purchases to foods that are seen as healthy has been popular among some lawmakers of both parties for years. While many of the pilots deployed similar parameters restricting soda and candy, states have come up with their own definitions, leading to inconsistencies that might make a sports drink SNAP-eligible in one state but not in another,” Politico wrote.
“This ruling confirms what NACS and convenience retailers have been saying from day one: these waivers do not make SNAP more efficient. They make it more confusing,” said Margaret Mannion, director of government relations for NACS. “Our members are the ones who have to navigate these complex changes at the register every day. This was never a workable system, and we are pleased to see the court agreed.”
The judge specifically pointed to the operational mess SNAP retailers are facing as proof the waivers are making the program less efficient, not more. NACS was among a small number of retail associations that provided input on the case, and one of its retailer members filed a declaration of support for the lawsuit outlining the compliance burden the waivers impose.
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