Food stamp recipients ⁠sue Agriculture ⁠Department over restrictions on sugary drinks, candy

The plaintiffs claim that either they or ⁠family ⁠members rely on the ⁠restricted foods ​to manage health conditions such as diabetes and allergies

Published: March 12, 2026 8:05am

Updated: March 12, 2026 8:11am

Food stamp recipients have ⁠filed a lawsuit against the Agriculture ⁠Department over agency restrictions in 22 states on candy as well as energy and sugary drinks.

The suit was filed Wednesday in federal court in Washington, D.C., by a private firm and the National Center for Law and Economic Justice, which advocates for low-income people, on behalf of five plaintiffs.

The plaintiffs argue the restrictions "destabilize food access" for participants in ⁠the Supplemental ⁠Nutrition Assistance Program, known as SNAPS, in the states in which the USDA has ​approved the "food restriction" waivers, according to Reuters.

The plaintiffs live in Colorado, Iowa, Nebraska, Tennessee and West Virginia, and said that either they or ⁠family ⁠members rely on the ⁠restricted foods ​to manage health conditions such as diabetes and allergies, or to obtain energy boosts to conduct their ⁠daily lives.

According to the lawsuit, the waivers cause confusion at the checkout line and irreparable harm by forcing the plaintiffs to choose between spending cash on restricted items or forgoing spending money on rent and transportation.

The Tennessee plaintiff, Amanda Johnson of Knoxville, claims that letting her state's waiver take effect would restrict her autistic 19-year-old ⁠daughter to only three "safe" foods and beverages because of a serious eating disorder. She said that her daughter's other six safe foods, including M&M's and Welch's fruit punch, would not be covered by SNAP.

The lawsuit alleges that the USDA exceeded its legal authority by approving the states' waivers without conducting "reasoned decision-making," and seeks to void the waivers.

A USDA spokesperson declined to comment to Reuters due to pending litigation.

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