Your Money · Report · File No. 261106-499
SNAP junk-food limits start in four more states despite June ruling against USDA
Montana, North Dakota, South Carolina and Virginia began barring candy and sugary drinks from food-aid purchases on Nov. 1. A federal judge ruled in June that USDA lacked authority to approve similar limits elsewhere.
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Four more states began restricting what people can buy with SNAP benefits on Nov. 1. SNAP is the Supplemental Nutrition Assistance Program, the federal food aid program once known as food stamps. Montana, North Dakota, South Carolina and Virginia now bar purchases of certain "junk food" items, including candy and sugary drinks 1.
The program serves more than 35 million people nationwide 1. The U.S. Department of Agriculture (USDA) pays for most of it, but states run it. States can ask USDA for waivers to change the rules, and 12 states now have approved restrictions on unhealthy foods 1.
A court ruling that did not stop the rollout
On June 22, a U.S. district judge ruled that USDA had exceeded its legal authority by approving junk food waivers in Colorado, Iowa, Nebraska, Tennessee and West Virginia. The judge also found USDA had not met federal notice requirements for several of the projects 1. Fox's local stations identified the judge as Amy Berman Jackson and said she found USDA lacked authority under federal law to approve such requests 2.
The decision covered only those five states. It did, however, temporarily delay the rules in the four states that started this month 1. Those four are now in effect anyway, according to USDA's confirmation as reported by Newsweek 1.
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What the administration and advocates say
The limits are part of a Trump administration effort to promote healthier diets in the program 1. Agriculture Secretary Brooke Rollins defended the approach on X in June 1.
SNAP is for food—not sugar bombs fueling obesity, diabetes, and skyrocketing healthcare costs for low-income families
Health Secretary Robert F. Kennedy Jr. has said the waivers "help put real food back at the center of the program" 2. Anti-hunger groups say the limits unfairly target low-income Americans and restrict their choices 1.
The issue isn't about individuals misusing their benefits, but their limited choices. In many rural areas and food deserts, convenience stores and fast-food chains are often the only available options,
Where this goes next
Eight states had put limits in place before this month's four. Six more have restrictions scheduled for 2027 or later 1. Nebraska plans to ban soda, soft drinks and energy drinks starting Dec. 1, with candy limits to follow on March 1, 2027, but its waiver still awaits USDA approval 1.
The sources reviewed do not say whether the June ruling will be appealed, or whether the new limits will be challenged in court. The pattern is clear, though. The administration is expanding the limits state by state while a court ruling on its authority stands for five other states. That matters because families who rely on SNAP may face different rules depending on their ZIP code.
No Democratic officials are quoted in the reports reviewed for this brief. We will update this story if lawmakers respond.
The Record
- A U.S. district judge ruled USDA exceeded its authority in approving junk food waivers in Colorado, Iowa, Nebraska, Tennessee and West Virginia 1.
- Restrictions took effect in Montana, North Dakota, South Carolina and Virginia 12.
- Nebraska plans a soda and energy drink ban, pending USDA approval of its waiver 1.
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Sources
- Newsweek, “Map Shows States With SNAP Benefit Restrictions as More Rules Come In” (2026-11-06). newsweek.com/map-shows-states-with-snap-benefit-restrictions
- FOX 5 DC, “SNAP junk-food purchase bans begin Nov. 1 in Montana, North Dakota, South Carolina, and Virginia” (2026-10-28). fox5dc.com/news/snap-junk-food-purchase-ban-november-2026
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
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