SNAP Recipients Sue USDA Over Soda and Candy Restrictions
A legal challenge filed by Supplemental Nutrition Assistance Program (SNAP) recipients is pushing back against USDA efforts to restrict what participants can purchase with their benefits — specifically targeting soda and candy. As of April 2026, no nationwide restriction on these items has taken effect, and current SNAP-approved food categories remain in place at the federal level. But the lawsuit raises real questions about the future of purchasing flexibility for the more than 40 million Americans who rely on SNAP each month.
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What the Lawsuit Is About
The plaintiffs in this case argue that the USDA does not have the legal authority under the Food and Nutrition Act to unilaterally restrict which foods SNAP participants may purchase. The lawsuit challenges the agency's ability to narrow the definition of "eligible food" without an act of Congress.
This matters because SNAP's current federal framework broadly defines eligible foods as any food intended for human consumption — with existing exclusions for alcohol, tobacco, vitamins, hot prepared foods, and a few other categories. Soda and candy have historically been included as purchasable items.
The USDA, under recent administrative direction, has signaled interest in restricting these categories as part of a broader push to tie SNAP purchasing to nutritional standards. Opponents of restrictions — including anti-hunger advocates and some SNAP participants — argue this approach is paternalistic, stigmatizing, and logistically unworkable at the point of sale.
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What This Means for Current SNAP Participants
No Changes to Approved Foods — Yet
If you are currently receiving SNAP benefits, your approved food list has not changed at the federal level as of April 2026. You can still use your Electronic Benefit Transfer (EBT) card to purchase the same categories of food you always have been able to, including soda and candy, unless your state has received and implemented a specific USDA waiver.
State-Level Waivers Are a Separate Issue
Some states have independently requested USDA waivers to pilot restrictions on certain food categories. These requests are evaluated on a state-by-state basis. If your state has an active waiver or pilot program, your state SNAP agency is required to notify participants of any changes to eligible food items. If you are unsure whether your state has any active restrictions, contact your local SNAP office directly or visit your state's SNAP program website.
Your Right to a Fair Hearing
If any change to your SNAP benefits — including changes to what you can purchase — is implemented in a way you believe is incorrect or unlawful, you have the right to request a fair hearing through your state agency. This is a formal administrative process that allows you to challenge decisions affecting your case. Request deadlines vary by state, but you typically have 90 days from the date of a notice to file a hearing request.
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How SNAP Eligibility Works (The Basics)
For anyone new to SNAP or trying to understand whether this program may be available to them, here is a quick overview of how eligibility is generally determined.
Gross Income Limits
Most households must have a gross monthly income at or below 130% of the Federal Poverty Level (FPL) to be eligible for SNAP. Net income — after allowable deductions — must generally be at or below 100% of FPL. Households with an elderly or disabled member may only need to meet the net income test. Benefit amounts vary by household size and income.
Who Is Typically Included in a SNAP Household
A SNAP household generally includes everyone who lives together and purchases and prepares food together. Each person's income and resources are counted together when determining eligibility.
Common Deductions That May Help You Qualify
SNAP allows several deductions from gross income when calculating net income, including: - A standard deduction available to all households - An earned income deduction (20% of earned income) - Dependent care costs - Excess shelter costs, including rent and utilities - Medical expenses for elderly or disabled household members exceeding $35/month
These deductions can significantly lower your countable income and may affect whether you are eligible and how much you may receive.
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Documents You'll Typically Need to Apply
While exact requirements vary by state, most SNAP applications will ask for:
- Proof of identity (driver's license, state ID, passport)
- Proof of residency (utility bill, lease agreement, or similar)
- Proof of income (pay stubs, employer letter, Social Security award letter, or self-employment records)
- Social Security numbers for all household members applying
- Immigration status documentation, if applicable
- Proof of expenses such as rent, utilities, childcare, or medical costs
Gathering these documents before you apply can help speed up your application and reduce the chance of delays.
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How to Apply for SNAP
SNAP applications are handled at the state level. You can apply:
- Online through your state's SNAP or benefits portal (most states now offer this)
- In person at your local SNAP or Department of Social Services office
- By mail or fax, using a paper application from your state agency
After submitting your application, most states are required to schedule an interview — often by phone — and process your application within 30 days. If your household is in immediate need, you may be eligible for expedited SNAP benefits, which can be issued within 7 days if your household meets specific low-income or low-resource criteria.
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Why This Lawsuit Matters Beyond Soda and Candy
The legal question at the center of this case — whether the USDA can restrict SNAP-eligible foods without Congressional action — has implications that go well beyond beverages and sweets. A ruling in favor of the USDA could open the door to broader restrictions on what SNAP participants can buy. A ruling in favor of the plaintiffs could reinforce limits on executive agency authority over the program.
For SNAP participants, the practical takeaway is this: pay attention to notices from your state SNAP agency, know your right to a fair hearing, and stay connected to reliable sources of information about program changes.
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Program eligibility and availability vary by state. Not affiliated with any government agency.
Last reviewed: April 2026