March 12, 2026 – Individuals receiving Supplemental Nutrition Assistance Program (SNAP) benefits are suing the U.S. Department of Agriculture (USDA) over its signing of waivers restricting purchases of candy, soda, and more.
So far, the USDA has signed 22 waivers that allow states to implement restrictions on what foods can be purchased using federal SNAP benefits. These restrictions include soda, sugar-sweetened beverages, candy, energy drinks, and more.
The nonprofit National Center for Law and Economic Justice and law firm Shinder Cantor Lerner filed the lawsuit in the District of Columbia federal district court Wednesday on behalf of five SNAP recipients. The plaintiffs are based in Colorado, Iowa, West Virginia, Tennessee, and Nebraska, and the suit specifically asks the court to block the waivers in these states.
The plaintiffs allege the USDA is attempting to shrink the SNAP program by allowing a patchwork of state restrictions that narrow the definition of “food.” It also argues the agency violated the Administrative Procedure Act by not following the proper notice and comment procedure before approving these waivers.
A USDA spokesperson said the agency would not comment on pending litigation.
These SNAP waivers are tied to the administration’s Make America Healthy Again (MAHA) agenda and are backed by MAHA leaders like Health Secretary Robert F. Kennedy Jr. Supporters argue these waivers prevent taxpayer dollars from going to “junk food.”
But in states where these waivers have already taken effect, recipients report confusion about what falls under the restrictions. Retailers and anti-hunger advocates are also concerned about how these could impact state economies and food access.
“I am finding Iowa’s food-restriction waiver extremely complicated to navigate,” Marc Craig, an Iowa-based plaintiff in the lawsuit said in a press release. “When I shop for food, I have to read the ingredient list on everything I buy to try to figure out if I can use SNAP to buy it. I still get to the register only to be told I cannot use SNAP to buy everything I have selected.” (Link to this post.)
The post SNAP Recipients Sue USDA Over Soda, Candy Restrictions appeared first on Civil Eats.
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Probably an unpopular opinion here but…
I am ok with limiting what you can get and it is something I said when I had those benefits in college. Why could I go into a store and get a half gallon of rum and then the 6 bottles of mixer was free?
SNAP is “Supplemental Nutrition Assistance Program” It should be limited to non highly processed or sugar water. If you want the junk it should come out of your own money. WIC is highly restricted and nobody is screaming that they want a Mtn Dew for their infant.
Why the fuck would snap cover items that barely qualify as food? Candy and soda have zero nutritional value beyond their sugar. This is like complaining that snap doesn’t cover cigarettes and vodka.
