Blog: The Daily Intake
Federal Judge Vacates Five State SNAP Waivers
- On June 22, 2026, the United States District Court for the District of Columbia vacated Supplemental Nutrition Assistance Program (SNAP) waivers that USDA had granted to Colorado, Iowa, Nebraska, Tennessee, and West Virginia. The waivers had permitted the states to exclude certain foods deemed to be unhealthy such as soft drinks and candy from eligibility for purchase under the SNAP program.
- SNAP provides federal funds to low-income households and is administered by USDA and state agencies. The uniform eligibility standards are determined at the federal level. All foods for human consumption except alcoholic beverages and hot foods prepared for immediate consumption are eligible under federal law. (See 7 USC 2012(k) definition of “food” and 7 CFR 271.2 definition of “eligible food”).
- The Court held that USDA’s waivers improperly waived the statutory definition of “food.” Furthermore, the Court held that USDA improperly sidestepped notice requirements by asserting, without support, that the waivers would not have a significant impact on the public.
- The ruling only addressed the five state waivers that were challenged by Plaintiffs. However, USDA has granted eighteen similar waivers, and the Court’s reasoning seems equally applicable to them.
- This holding is a snag for the Make America Healthy Again MAHA movement, which has sought to allow states to restrict “unhealthy items” from purchase with SNAP benefits.
- Keller & Heckman will continue to monitor USDA developments.