SNAP Soda and Candy Bans: 23 States Approved, 5 Blocked by Court — Full State-by-State List for 2026

USDA has approved SNAP food-restriction waivers in 23 states as of early August 2026, letting them bar recipients from buying soda, candy, and in some cases entire categories of processed food with their benefits. A federal judge blocked 5 of those states in June, and USDA’s deadline to appeal that ruling is now less than three weeks away.

If you receive SNAP, whether your state’s restriction actually applies to you right now depends on which of the 23 you live in — the list isn’t uniform, and neither is the legal status.

One housekeeping note: the agency behind these waivers changed its name on June 1, 2026. USDA’s Food and Nutrition Service (FNS) is now the Food and Nutrition Administration (FNA) — same agency, same waiver program, new name on the letterhead.

What’s Actually Banned, State by State

Every waiver is different. Some states restrict just soda; others go much further. Here’s the full list with target implementation dates, pulled directly from the FNA’s food-restriction waiver tracker.

Montana (MT) is the newest addition to the list — Governor Gianforte’s waiver was approved in May 2026 and is set to take effect Sept. 30, 2026, restricting high-sugar drinks, energy drinks, candy, and prepared desserts.

Florida’s restriction is one of the broadest currently active — it goes beyond soda and candy to also cover energy drinks and prepared desserts, so it’s worth a closer look if you’re a Florida (FL) recipient.

If your state isn’t on this list, USDA/FNA hasn’t approved a food-restriction waiver there as of this writing. The FNA’s waiver tracker page is the authoritative, regularly updated source if you want to check for changes.

Subscribe or follow us to get updates as more states move between these buckets.

The Court Ruling That Blocked Five States

On June 22, 2026, U.S. District Judge Amy Berman Jackson ruled in Aragon v. Rollins that USDA exceeded its legal authority when it approved food-restriction waivers as “demonstration projects.” Her reasoning: the law lets USDA test the SNAP program’s administrative efficiency through pilot projects, not use that authority to improve recipients’ diet or health.

“Congress defined what ‘food’ is supposed to be, and it did not authorize the agency to amend or waive the definition it enacted,” Judge Jackson wrote.

The ruling specifically voided the waivers in Colorado (CO), Iowa (IA), Nebraska (NE), Tennessee (TN), and West Virginia (WV) — the five states named as defendants in that lawsuit. It does not automatically apply to the other 18 states with approved waivers; those remain in effect unless USDA withdraws them voluntarily or a separate court challenge succeeds against them individually.

Agriculture Secretary Brooke Rollins said the administration intends to keep pursuing the restrictions, part of the broader “Make America Healthy Again” push led alongside HHS Secretary Robert F. Kennedy Jr. USDA has until August 21, 2026 to file a notice of appeal with the U.S. Court of Appeals for the D.C. Circuit. As of this writing, no appeal has been filed, though the agency has signaled it intends to pursue one before that deadline passes.

Who This Actually Affects

Carla, a SNAP recipient in West Virginia, had been budgeting around the state’s planned soda restriction, which was originally set to start January 1, 2026. Because West Virginia is one of the five blocked states, that restriction isn’t currently in effect — she can still use SNAP for soda purchases unless the ruling is overturned on appeal.

James, who receives SNAP in Texas (TX), isn’t affected by the ruling at all. Its restriction on sweetened drinks and candy took effect April 1, 2026, and wasn’t part of the Aragon v. Rollins case, so it remains active regardless of what happens with the blocked states’ appeal deadline.

If you’re not sure whether your state’s restriction currently applies, your state SNAP office is the fastest way to confirm — the contact links on the FNA’s waiver tracker page go directly to each state’s SNAP administrator.

Common Issues to Watch Out For

A few things that trip people up on this topic.

Assuming all 23 states have the same rules. They don’t. Iowa’s waiver is dramatically broader than most — it restricts nearly all taxable food items, not just soda and candy — while several other states only touch sugary drinks. Read your specific state’s restriction rather than assuming it matches a neighboring state.

Thinking the court ruling ended all SNAP food restrictions. It only blocked the five states named in the lawsuit. The other 18 approved waivers are unaffected unless a separate legal challenge succeeds against them.

Confusing “approved” with “active.” Kansas, Missouri, Montana, and Wyoming have approved waivers with implementation dates stretching into 2027, and Nevada’s isn’t scheduled until 2028 — nothing changes for recipients in those states yet.

Not checking retailer-level confusion. Even in active-restriction states, retailer point-of-sale systems don’t always correctly flag every restricted item at checkout in the early weeks of a rollout. If you’re charged incorrectly, most states have a retailer complaint email listed on their state’s SNAP waiver page.

Looking Ahead: What to Watch Through 2027

USDA’s August 21, 2026 appeal deadline is the biggest near-term milestone — if the agency files, a reversal at the D.C. Circuit could reinstate the five blocked states’ restrictions, while an unfavorable ruling could put pressure on USDA’s approach in the other 18 states too.

Beyond the litigation, several approved-but-not-yet-active waivers are still coming: Montana on September 30, 2026, South Carolina on August 31, 2026, and then Kansas, Missouri, and Wyoming in February 2027, Hawaii in April 2027, and Nevada in February 2028. I’ll update this page as implementation dates arrive and as the court case develops.