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LINCOLN — A federal judge ruled Monday to end a Nebraska pilot program that restricts the use of Supplemental Nutrition Assistance Program — SNAP — money to purchase soda and energy drinks.
Nebraska first in nation to ban soda, energy drinks from public grocery aid benefits
U.S. District Judge Amy Berman Jackson wrote that Agriculture Secretary Brooke Rollins overstepped her authority when she approved five states’ requests to ban SNAP recipients from buying unhealthy food.
In her opinion, Jackson wrote that Rollins waived “not just a mere administrative or technical obstacle, but the very definition of ‘food’ as it was laid down by Congress.”
Nebraska was the first state to implement such rules last year. At the time, Gov. Jim Pillen said during a press conference that “there’s absolutely zero reason for taxpayers to be subsidizing purchases of soda and energy drinks.”
The limits went into effect on Jan. 1 of this year.
The federal lawsuit was brought against Rollins by five people who participate in SNAP in Nebraska, Colorado, Iowa, Tennessee and West Virginia. The ruling applies to the SNAP restrictions in all five states.
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Ken Smith, Nebraska Appleseed’s Economic Justice Program director, said the court’s ruling is “a significant win for Nebraska households struggling with the rising cost of groceries.”
“This decision reaffirms that changes to this vital program must comply with federal law,” Smith said. “Families should be able to count on SNAP to help meet their basic needs without facing uncertainty about what foods they can purchase, and grocery stores and small businesses across the state that accept SNAP benefits deserve the same clarity.”
The group criticized the decision to implement the rules last year.
Officials at the Nebraska Department of Health and Human Services said they are currently reviewing the court’s decision.
“As this decision is against a federal agency, Nebraska DHHS will await guidance from the United States Department of Agriculture regarding next steps,” said Jeff Powell, Nebraska DHHS’s director of communications.
A total of 23 states have applied for waivers that would allow them to limit the purchase of certain food and drinks by SNAP recipients, according to the USDA website.
