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A federal judge has blocked bans on the usage of the Supplemental Nutrition Assistance Program (SNAP) for soda enacted by the Trump administration.
“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,” U.S. District Judge Amy Berman Jackson wrote in a Monday filing, referencing the U.S. Department of Agriculture (USDA).
“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,” she added.
According to the U.S. District Court for the District of Columbia filing, five states, including Iowa, Nebraska, West Virginia, Colorado and Tennessee, “submitted requests to the USDA to conduct pilot projects” between April and August 2025 attempting to “waive the federal definition of ‘food,’” removing certain items from that definition including soft drinks and soda.
Represented by the National Center for Law and Economic Justice (NCLEJ), a nonprofit focused on advancing justice for low-income families, five SNAP recipients from those five states had sued the USDA for implementing its waiver restriction pilot projects.
Jackson, an appointee of former President Obama, wrote in her order that, per USDA policy, the Food and Nutrition Act of 2008’s definition of “food” guides what SNAP benefits can purchase.
The USDA and its secretary, Brooke Rollins, gave approval letters for the states’ requests, according to the filing, which Jackson said in her ruling that she was vacating and remanding.
The department has approved “food restriction” waivers in 23 states overall, according to Reuters. The restrictions were endorsed by Health Secretary Robert F. Kennedy Jr. as part of the “Make America Healthy Again” movement.
The Hill has reached out to the USDA for comment.
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