Proposed restrictions in 23 states struck down; eligible food rules remain unchanged
By BC News Staff Writer
A federal court ruling has stopped a nationwide effort that would have allowed states to block soda, candy, and other sugary items from being purchased with SNAP benefits.
The decision means North Carolina and every other state must continue following the long‑standing federal definition of eligible foods, which includes soft drinks, sweets, and snack items.
The ruling, issued June 22 by U.S. District Judge Amy Berman Jackson, found that the U.S. Department of Agriculture exceeded its authority when it approved state waivers aimed at restricting sugary purchases. The waivers were part of a broader health‑focused initiative that encouraged states to limit certain foods in an effort to reduce diet‑related illnesses.
The court determined that Congress, not federal agencies, defines what counts as food under the Supplemental Nutrition Assistance Program. Because federal law lists soda and candy as eligible items, the USDA cannot allow states to remove them. The judge also noted that the agency did not follow required public notice procedures before approving the waivers.
The lawsuit originated from SNAP recipients in Colorado, Iowa, Nebraska, Tennessee, and West Virginia, but the ruling affects all 23 states that had applied for or received approval to implement the restrictions.
North Carolina was not among the states seeking a waiver, but the decision clarifies that no state may independently narrow the list of eligible foods.
For local families in Brunswick and Columbus counties, the ruling means no changes at grocery store checkouts. SNAP cards can still be used for the same range of food items as before, including beverages and snacks that had been targeted for removal.
State agencies across the country are now reviewing the decision and awaiting further guidance from the USDA. Any future changes to SNAP food eligibility would require congressional action rather than administrative waivers.
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