Federal Judge Rules SNAP Purchase Restrictions Are Illegal — Here's What That Means
A federal judge has ruled that USDA waivers allowing states to restrict what Supplemental Nutrition Assistance Program (SNAP) recipients can purchase with their benefits — including a waiver granted to Nebraska — are illegal under existing federal law. The decision is a significant development for millions of low-income households who rely on SNAP to put food on the table, and it raises immediate questions about what SNAP participants can and cannot buy in affected states.
This article breaks down what the ruling means in plain terms, what it does and doesn't change about SNAP eligibility, and what steps you can take if you're currently enrolled or thinking about applying.
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Data Snapshot
SNAP is the largest federal nutrition assistance program in the United States. According to USDA Food and Nutrition Service data (https://www.fns.usda.gov/pd/supplemental-nutrition-assistance-program-snap), approximately 42 million Americans participated in SNAP as of recent reporting months, with an average monthly benefit of roughly $185 per person — though benefit amounts vary by household size, income, and allowable deductions. The federal poverty level (FPL) is the core benchmark for eligibility: most households must have gross income at or below 130% of the FPL to qualify. For a family of four, that threshold changes annually with FPL updates, so always check current figures at your state SNAP agency or Benefits.gov.
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What the Court Actually Ruled
The ruling centers on USDA waivers that gave certain states permission to restrict which food items SNAP benefits could be used to purchase. Nebraska was among the states that had received — or sought — such a waiver, which would have barred SNAP recipients from buying certain categories of food deemed non-essential or unhealthy.
The federal judge found that these waivers exceed the USDA's legal authority under the Food and Nutrition Act. In short: the law that governs SNAP does not give the USDA the power to let states decide which foods are off-limits for SNAP purchases beyond what Congress has already specified.
What SNAP Already Prohibits
To be clear, SNAP has always had purchase restrictions written directly into federal law. SNAP benefits cannot be used to buy:
- Alcohol or tobacco products
- Vitamins, medicines, or supplements
- Hot prepared foods (in most circumstances)
- Non-food household items like cleaning supplies or personal care products
The court ruling does not change any of these existing restrictions. What it blocks is the USDA's ability to grant states additional waiver authority to go further — for example, restricting purchases of soda, candy, or other specific food categories.
Why This Matters for SNAP Participants
For households in states like Nebraska that were operating under or anticipating these waivers, the ruling means that the broader, congressionally defined list of eligible food items should remain available to them. That's a meaningful protection for families who depend on SNAP to stretch limited grocery budgets and make their own food choices.
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What Has NOT Changed: SNAP Eligibility Rules
This ruling is about what you can buy with SNAP — not about who can get SNAP. The eligibility rules remain the same. Here's a quick overview of the core federal standards:
Income Limits
- Gross income: Most households must be at or below 130% of the Federal Poverty Level (FPL)
- Net income: After allowable deductions, most households must be at or below 100% of the FPL
- Households with elderly or disabled members may have different thresholds — net income at or below 100% FPL, with no gross income test in some cases
Asset Limits
Most households must have countable resources (like bank accounts) below $2,750, or $4,250 if at least one member is age 60 or older or has a disability. Some states have eliminated or raised asset limits — check your state's rules.
Who May Be Eligible
SNAP may be available to: - Low-income families with children - Elderly individuals on fixed incomes - Adults with disabilities - Working adults with low wages - Individuals experiencing job loss or reduced hours
Citizenship and immigration status also affect eligibility. U.S. citizens and certain qualified immigrants may be eligible; undocumented individuals are not eligible for federal SNAP benefits.
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What to Do If You're Currently on SNAP in an Affected State
If you're already receiving SNAP benefits in Nebraska or another state that had a purchase restriction waiver in place, here's what to keep in mind:
- Check with your state SNAP agency. The ruling may take time to implement at the state level, and appeals are possible. Your state agency will have the most current guidance on what's permitted.
- Keep your receipts. If you were denied a purchase under a state restriction and believe the ruling applies to your situation, document the interaction. You may have grounds to file a complaint with your state agency.
- Your benefit amount is not affected. This ruling does not change how much SNAP you receive — only the scope of what you can purchase.
- Watch for updates. The USDA or affected states may appeal this ruling. The legal situation could shift. Sign up for updates from your state SNAP office or check Benefits.gov regularly.
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What to Do If You're Not Yet on SNAP
If you're not currently enrolled in SNAP and are struggling to afford groceries, this may be a good time to learn whether the program may be available to you. Here's a step-by-step overview of how to get started:
Step 1: Check Your Estimated Eligibility
Visit Benefits.gov (https://www.benefits.gov) or your state's SNAP agency website to use a pre-screening tool. These tools ask basic questions about household size, income, and expenses to give you a general sense of whether you may qualify. They are not a formal determination.
Step 2: Gather Your Documents
Most states will ask for: - Proof of identity (driver's license, state ID, passport) - Proof of residency (utility bill, lease agreement) - Proof of income (pay stubs, employer letter, Social Security award letter, unemployment documentation) - Social Security numbers for all household members applying - Proof of expenses that may qualify as deductions (rent, utilities, childcare, medical costs for elderly/disabled members)
Step 3: Submit Your Application
Applications can typically be submitted: - Online through your state SNAP agency's portal - In person at your local SNAP or Department of Social Services office - By mail or fax in some states
When you submit a form or request information through any online tool, you may be asked to provide consent to be contacted. Make sure you understand what you're agreeing to before submitting personal information.
Step 4: Attend Your Interview
Most states require a brief interview — often conducted by phone — before your application is processed. Be ready to verify the information you submitted and answer questions about your household situation.
Step 5: Understand the Timeline
By federal law, states must process most SNAP applications within 30 days. If your household is in immediate need, you may be eligible for expedited SNAP — benefits issued within 7 days — if your household has very little income or resources. Ask about expedited processing when you apply.
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The Bigger Picture: Why These Legal Battles Matter
The court ruling over SNAP purchase restrictions is part of a broader, ongoing debate about the purpose and scope of federal nutrition assistance. Supporters of purchase restrictions argue that SNAP should promote healthier eating. Opponents — including anti-hunger advocates and many nutrition researchers — argue that restricting purchases stigmatizes low-income families, creates administrative burdens, and doesn't meaningfully improve health outcomes.
What's clear from the court's decision is that Congress, not the USDA, holds the authority to define what SNAP can and cannot be used for. Any future changes to SNAP purchase rules would need to go through the legislative process — not administrative waivers.
For families navigating these programs day to day, the most important thing is staying informed about what's happening in your state and knowing your rights as a SNAP participant.
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People Also Ask
Q: Does this ruling mean SNAP recipients can now buy anything at the grocery store? A: Not exactly. SNAP has always excluded alcohol, tobacco, hot prepared foods, and non-food items — and those restrictions remain. The ruling blocks additional state-level restrictions that went beyond what federal law already specifies. What you could buy before state waivers were introduced should remain available, though implementation timelines vary by state.
Q: Will this ruling affect my monthly SNAP benefit amount? A: No. This ruling addresses what food items SNAP benefits can be used to purchase, not how much you receive each month. Benefit amounts are still calculated based on household size, net income, and allowable deductions under federal and state guidelines.
Q: Can the USDA or Nebraska appeal this ruling? A: Yes. Federal court rulings can be appealed to higher courts, including the U.S. Court of Appeals and potentially the Supreme Court. The legal situation may change. It's worth monitoring updates from your state SNAP agency or trusted news sources covering federal nutrition policy.
Q: I live in Nebraska. Should I do anything differently when using my EBT card right now? A: Continue using your EBT card as you normally would for eligible food purchases. If you encounter a denial at the point of sale that seems inconsistent with federal SNAP rules, document it and contact your local SNAP office. Your state agency can clarify what restrictions, if any, are currently in effect.
Q: How do I find out if SNAP may be available to me? A: Start at Benefits.gov (https://www.benefits.gov) to use a free pre-screening tool, or visit your state's SNAP agency website directly. You can also call 211, a free national helpline, to be connected with local assistance resources. Submitting a formal application is the only way to receive an official eligibility determination.
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Program eligibility and availability vary by state. Not affiliated with any government agency.
Last reviewed: July 2026