Federal judge blocks state bans on buying soda and candy with food stamps
By Tami Luhby, CNN
(CNN) — A federal judge on Monday blocked the Trump administration from allowing five states to ban the purchase of sugary drinks and candy with food stamps.
The decision is a major setback for Health and Human Services Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” movement, known as MAHA, which is focused on minimizing the consumption of ultraprocessed foods to reduce the prevalence of chronic diseases such as obesity and diabetes.
Kennedy has worked closely with Agriculture Secretary Brooke Rollins, who has granted waiver requests by nearly two dozen states to restrict food purchases in the Supplemental Nutrition Assistance Program, or SNAP, the formal name for food stamps. Not all of the bans have gone into effect yet.
US District Judge Amy Berman Jackson in the District of Columbia ruled that the US Department of Agriculture lacked the authority to approve state waivers in pilot projects in Colorado, Iowa, Nebraska, Tennessee and West Virginia.
In their waivers, the states sought to change the federal definition of food to one that restricted certain products. The bans differed somewhat in each state, with all limiting the purchase of sugary drinks, such as soda and energy beverages, and some also restricting candy. The limits applied to all SNAP recipients, with no exceptions allowed.
The five food stamp enrollees who brought the suit argued they need to buy the restricted items for their health and wellness — describing some of the drinks as necessary to address Type 1 diabetes, kidney issues and lack of energy.
Jackson pointed out that her decision is not intended as a comment on whether the bans are a good idea.
“The federal defendants and the states may have a genuine desire to improve the health of SNAP households by encouraging healthy choices at the store, and they can take lawful steps to meet those goals,” Jackson wrote. “But what they cannot do is violate the law and their own regulations along the way.”
The judge noted the authority the USDA is relying on allows the agency to enact pilot projects to test the efficiency of the SNAP program but does not include improving the health and diet of recipients.
Rollins vowed that the administration will continue the MAHA fight.
“An activist judge just blocked our commonsense restriction on using SNAP benefits for soda and junk,” she posted on X on Tuesday. “SNAP is for food — not sugar bombs fueling obesity, diabetes, and skyrocketing healthcare costs for low-income families. Taxpayers shouldn’t subsidize junk food and drinks at the expense of American health.”
CNN has reached out to HHS for comment.
One of the law firms that brought the case said the ruling “is a major step in restoring essential food assistance to the millions of families that rely on SNAP nationwide.”
“This decision makes clear that the USDA cannot bypass the legal guardrails that establish how SNAP must operate across the country,” said Katharine Deabler-Meadows, senior attorney at the National Center for Law and Economic Justice. “It affirms that families deserve a program that works without confusion.”
This article has been updated with additional information.
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