By Mary Hightower
University of Arkansas System Division of Agriculture

Fast Facts

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. A close-up, slightly high-angle photograph shows a colorful, haphazard pile of various classic American candies. The foreground is dominated by a black and red pouch of Strawberry Pop Rocks popping candy. To its right, a green and yellow six-piece pack of Now and Later chewy candy is visible. Scattered throughout the mix are several Charms Blow Pops in bright red and blue wrappers, along with a pink-wrapped Dum Dums lollipop labeled "Bubble Gum." Other partially obscured candy wrappers in shades of red, yellow, and green create a vibrant, textured background. The lighting is soft, and the shallow depth of field keeps the central candies in sharp focus while the edges of the pile are softly blurred.

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.”  

To read the full article, click here.

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