Lawsuit targets SNAP waivers
April 2, 2026
By Mary Hightower
University of Arkansas System Division of Agriculture
Fast Facts
- 22 states have SNAP waivers since beginning of 2025
- USDA head expects proposed rule on whole foods in groceries to be finalized
- See NALC article “Excluding ‘Junk’ Food from SNAP Benefits.”
(565 words)
FAYETTEVILLE, Ark. — The U.S. Department of Agriculture is being sued over waivers that exclude purchases of candy, soda and other items from the Supplemental Nutrition Assistance Program, also known as SNAP.
USDA has the authority to determine what foods are eligible under SNAP, which provides food benefits to low-income families to supplement their grocery budget. States are authorized to determine who’s eligible.
The waivers, which have been granted to 22 states by USDA since 2025, grant states the authority to change the SNAP eligibility of certain foods. Proponents say the waivers will support healthy food choices by SNAP recipients.
“States that want to administer the program differently can do so with a waiver,” said Emily Stone, staff attorney for the National Agricultural Law Center. “States that requested the food restriction did so through a demonstration project waiver.”
The head of USDA may grant waivers to states to conduct experimental or pilot projects on a trial basis to increase the efficiency of SNAP.
The only permissible demonstration projects are ones that:
- Improve program administration
- Increase the self-sufficiency of SNAP recipients
- Test innovation welfare reform strategies, or
- Allow greater conformity with the rules of certain other programs.
The suit, filed by five SNAP recipients earlier this month in the U.S. District Court of the District of Columbia, targets waivers in Colorado, Iowa, Nebraska, Tennessee and West Virginia.
The plaintiffs claim that the waivers create a “patchwork of state-by-state food prohibition regimes” that “deprive SNAP recipients and their families of the food they need to maintain their health and employment, and in some cases, to survive.”
The plaintiffs ask the court — among other things — to postpone the dates in which the Colorado, Iowa, Nebraska, Tennessee and West Virginia waivers go into effect and prevent application or enforcement of any waiver that has already gone into effect or has yet to go into effect.
“If the waivers are permanently halted, then the status quo will remain and SNAP participants will be permitted to use their benefits on candy, soda, energy drinks and any other foods the waivers sought to restrict,” Stone said. “If the court agrees to simply postpone the effective date or merely pause waiver enforcement for the duration of litigation, it will further delay required compliance for SNAP authorized retailers.”
Four more states granted waivers
In March, USDA granted food restriction waivers to four more states.
“USDA recently approved SNAP food restriction waivers in Kansas, Nevada, Wyoming and Ohio, allowing the states to restrict purchases of items such as candy and soda,” Stone said.
“These four join 18 other states — including Arkansas — that have received SNAP waivers from USDA since the start of 2025.
“It is important to note that these restrictions only apply to foods that SNAP participants purchase with their SNAP benefits,” Stone said. “They are free to purchase candy, soda or other restricted foods with their own money.”
Ohio plans to begin implementation in October. Kansas and Wyoming will implement in February 2027, and Nevada will do the same in February 2028.
In June 2025, USDA Secretary Brooke Rollins, joined by federal Health and Human Services Secretary Robert F. Kennedy Jr., signed waivers for Arkansas, Idaho and Utah. The Arkansas waiver takes effect July 1 and bars soda, low- and no-calorie soda, fruit and vegetable drinks with less than 50 percent natural juice, candy and other items.
Rule for retailers
When announcing USDA’s approval of the most recent waivers, Rollins said that she expected a proposed rule requiring retailers who participate in SNAP to carry more whole foods to become final soon.
“The proposed rule requires that SNAP retailers offer seven varieties from four ‘staple food’ categories, including protein, grains, dairy and fruits or vegetables — a move USDA has stated would increase the ability of SNAP recipients to access healthy foods,” Stone said.
However, some SNAP retailers have claimed that the rule would prevent them from participating in the program. Because the rule redefines what counts under certain varieties, some retailers claim compliance will not be feasible. For example, under the current rule, bagels, English muffins, and bread were all considered separate varieties under the “grain” category. However, under the proposed rule, bagels, English muffins and all breads would be classified as one variety. This means a retailer will have to find other grain options to fulfill the proposed rule’s seven variety requirement. It is not clear if USDA has established a date to release the final rule.
For more information on state SNAP waivers, click here to view NALC article “Excluding ‘Junk’ Food from SNAP Benefits.”
For more information about the NALC, visit NationalAgLawCenter.org and subscribe to receive NALC communications, including webinar announcements, the Quarterly Newsletter and The Feed.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the National Agricultural Library, a subsidiary of the USDA’s Agricultural Research Service. For information about the NALC, visit nationalaglawcenter.org. The NALC is also on X, Facebook and LinkedIn as @nataglaw. Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land-grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.
Pursuant to 7 CFR § 15.3, the University of Arkansas System Division of Agriculture offers all its Extension and Research programs and services (including employment) without regard to race, color, sex, national origin, religion, age, disability, marital or veteran status, genetic information, sexual preference, pregnancy or any other legally protected status, and is an equal opportunity institution.
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Media contact:
Nick Kordsmeier
nkordsme@uada.edu