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Federal judge blocks bans on SNAP use for soda
The ruling said USDA lacked authority to rewrite SNAP food rules and failed to give required public notice.
On Monday, a federal judge blocked USDA waivers in five states, including Nebraska and Iowa, that prohibited Supplemental Nutrition Assistance Program recipients from purchasing soda, candy and energy drinks.
Health Secretary Robert Kennedy and Agriculture Secretary Brooke Rollins pushed states to remove foods deemed unhealthy from the $100 billion federal program serving 42 million Americans, spurring at least 18 states to enact waivers.
Ruling that the USDA exceeded its authority, the court found the agency failed to follow required public-notice procedures while rewriting the federal definition of eligible food, creating major hurdles for families and retailers.
Advocacy groups that brought the lawsuit stated, "this decision makes clear that the USDA cannot bypass the legal guardrails that establish how SNAP must operate across the country."
Nebraska DHHS awaits further federal guidance as it remains unclear whether the USDA or the five affected states will appeal the June 22, 2026 decision.