USDA manages legal challenges and delays regarding SNAP beverage restrictions

The U.S. Department of Agriculture (USDA) is navigating legal and administrative challenges regarding state-level waivers that restrict the use of Supplemental Nutrition Assistance Program (SNAP) benefits for certain items.

In Ohio, a planned ban on purchasing sugary drinks with SNAP benefits has been paused. The ban, which would have restricted beverages listing sugar or corn syrup as a primary or secondary ingredient, was originally set to begin October 1. The USDA’s Food and Nutrition Administration requested the delay to issue a formal notice in the Federal Register and assess public comments. The proposal follows recommendations from a workgroup convened by Governor Mike DeWine to address health concerns like obesity and diabetes.

Separately, the USDA has filed a notice of appeal in the U.S. District Court for the District of Columbia after a federal judge struck down similar waivers in Colorado, Iowa, Nebraska, Tennessee, and West Virginia. The judge raised concerns regarding the definition of ‘food’ and administrative procedures. While the ruling affects those five states, it does not impact Arkansas, which maintains a waiver prohibiting the purchase of candy and soda with SNAP benefits.