Consumers and an advocacy group are suing the Trump administration after it granted waivers to several states allowing them to block Supplemental Nutrition Assistance Program benefits from being used to buy sugary foods in grocery stores.
The lawsuit targets waivers granted in Colorado, Iowa, West Virginia, Tennessee and Nebraska. The National Center for Law and Economic Justice alleges the waivers violate the Administrative Procedure Act.
Plaintiffs argue the waivers change the definition of what is considered food under SNAP and limit consumer choice. While the policies were intended to restrict purchases of candy and soda, NCLEJ says the rules are vague and could cover items that are more nutritious.
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“Had the USDA followed proper notice-and-comment procedures as required by law, SNAP recipients, retailers and advocates would have sounded the alarm on the significant harms these food restrictions create for low-income people who rely on SNAP,” said Katharine Deabler-Meadows, senior attorney at NCLEJ. “Once again, the Trump administration is making it up as they go along and disregarding the damage. We are asking the court to immediately block implementation of these unlawful food restriction waivers.”
The U.S. Department of Agriculture began processing the waivers last year as part of a Trump administration push to ban the purchase of candy and other highly processed foods with SNAP benefits.
According to USDA statistics, SNAP served an average of 42.1 million people per month in 2023, representing 12.6% of the U.S. population. In general, food stamps can be used to buy most nonalcoholic beverages, as long as they are not served hot.
More broadly, the Trump administration released updated federal Dietary Guidelines for Americans that encouraged reducing consumption of ultra-processed foods. The guidelines placed greater emphasis on meat and dairy and less emphasis on whole grains and beans.
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