A federal judge has struck down a Nebraska policy that barred Supplemental Nutrition Assistance Program recipients from using benefits to purchase soda and energy drinks, ruling that the U.S. Department of Agriculture failed to follow federal law when approving the restriction.
The decision, issued Monday by U.S. District Judge Amy Berman Jackson in Washington, D.C., also invalidates similar SNAP restrictions approved in Iowa, Colorado Tennessee and West Virginia.
Nebraska’s restrictions took effect Jan. 1 after the USDA approved a state waiver request. Gov. Jim Pillen had promoted the change as a way to encourage healthier food choices among SNAP recipients.
Jackson’s ruling did not address whether restricting purchases was sound public policy. Instead, she concluded the USDA exceeded its authority and failed to follow required administrative procedures when approving the demonstrations.
The lawsuit was filed by SNAP participants from the affected states who argued the restrictions would create hardships for people with specific dietary and medical needs.
One Nebraska plaintiff said he relies on low-sugar energy drinks because chronic insomnia and allergies prevent him from safely consuming coffee or tea. Other plaintiffs cited conditions such as diabetes and kidney disease, saying products affected by the restrictions played a role in managing their health.
The judge found the USDA relied on the wrong section of federal law when approving the waivers. According to the ruling, Congress has established a separate process for nutrition-focused SNAP pilot projects that includes stricter evaluation requirements and public review.
Jackson also said the USDA should have provided public notice and an opportunity for comment before implementing projects that affect entire state SNAP populations and thousands of retailers.
SNAP, formerly known as food stamps, is the nation’s largest nutrition assistance program, serving millions of low-income Americans. The program is administered by states but funded and overseen by the federal government through the USDA.