Bans on sugary foods in SNAP programs in 5 states challenged by recipients

Five consumers enrolled in the Supplemental Nutrition Assistance Program, or SNAP, brought the lawsuit March 11 in the U.S. District Court for the District of Columbia. The recipients hail from Colorado, Iowa, Nebraska, Tennessee and West Virginia and are challenging the waivers in those states.

President Donald Trump’s administration has so far approved waivers in 22 states — part of its Make America Healthy Again agenda — that restrict which items recipients of the federal food assistance program that helps 42 million people can buy with their benefits.

The restrictions, which range from candy to sugar-sweetened beverages and other processed foods, differ throughout states.

The agency has described the waivers as a “key step in ensuring that taxpayer dollars provide nutritious options that improve health outcomes within SNAP.”

But the lawsuit claims that the “practical effect” of the waivers is “to destabilize food access for every SNAP participant in the affected states.”

The lawsuit argues that the waivers “impose ambiguous and scientifically untethered product restrictions that vary not only by state but, in some instances, by store location.”

The lawsuit also claims that people with chronic illnesses are “losing access to products they need to manage blood sugar or sustain diets they need to maintain baseline health care needs.”

“The challenged waivers also create confusion and conflict at the point of sale by depriving SNAP recipients of clear notice about which products remain eligible for purchase,” the lawsuit notes.

The SNAP recipients are represented by the National Center for Law and Economic Justice, a nonprofit that advocates on behalf of low-income families, individuals and communities, along with the law firm Shinder Cantor Lerner.

A spokesperson for USDA said Friday the agency would not comment on pending litigation.