SNAP Soda-Ban Push Faces Legal Delays and New Health-Impact Data

Several states are moving to bar the purchase of soda-like beverages with Supplemental Nutrition Assistance Program (SNAP) benefits, while North Dakota and South Carolina have postponed implementation until November 1 after the U.S. Department of Agriculture (USDA) requested additional review. South Dakota has submitted a waiver to exclude soft drinks, which would require the state to cover roughly three-quarters of the program’s administrative costs.

Aberdeen American News

The effort stems from the Trump administration’s “Make America Healthy Again” initiative, which encourages states to obtain USDA waivers that tighten SNAP nutrition rules. By the end of 2025, 23 states had received approvals; a federal district court later vacated waivers in five states for procedural deficiencies. The administration aims to extend waivers to all 50 states.

SD submits SNAP soda waiver, which puts state on hook for $250,000 annually if accepted

• A working paper by researchers at Stanford, MIT, and the University of Chicago found a 12.4 % decline in sugary-drink purchases by SNAP recipients in the first ten states that enacted bans, equal to about 34 fewer 12-ounce cans per person per year.

FoodDive

• The analysis projected $1.1 billion in annual economic benefits if bans were nationwide, with 70 % of savings from reduced health-care costs.

SD submits SNAP soda waiver, which puts state on hook for $250,000 annually if accepted

• SNAP accounts for roughly 12 % of overall grocery spending; recipients typically spend 19 % more on groceries each month than non-recipients.

FoodDive

• Industry estimates suggest a $300 million sales loss for the candy sector, while Hershey’s CEO noted only modest impacts in early-adopter states.

FoodDive

Health Secretary Robert F. and Agriculture Secretary Brooke Rollins have urged governors to adopt the restrictions, emphasizing a return to nutrition-focused SNAP spending.

Newsweek

The USDA’s Food and Nutrition Administration (FNA) sent letters on August 25 to South Carolina and North Dakota, directing each to postpone its rollout until November 1 while the agency reviews the recent court decision and prepares a Federal Register notice for public comment.

Newsweek

• “These waivers help put real food back at the center of the program and empower states to lead the charge in protecting public health,” — Robert F. Kennedy Jr., health secretary

The Independent

• “I think it’s important that we move forward with what’s best for South Dakota,” — Taylor Rehfeldt, Republican Representative

Aberdeen American News

• June 22 – Federal judge vacates waivers in five states, citing USDA procedural errors.

SD submits SNAP soda waiver, which puts state on hook for $250,000 annually if accepted

• August 25 – USDA letters to South Carolina and North Dakota request postponement pending review.

Newsweek

• August 31 – Original start date for South Carolina’s Healthy Food SC project (delayed).

Newsweek

• September 1 – Original start date for North Dakota’s Healthy Choice waiver (delayed).

SD submits SNAP soda waiver, which puts state on hook for $250,000 annually if accepted

• November 1 – Rescheduled implementation date for both states pending USDA notice.

Newsweek

Research shows a clear decline in sugary-drink purchases, yet some states that only partially restrict drinks report consumers shifting to still-allowed sugary products, such as fruit-juice blends or certain energy drinks. The legal status of South Dakota’s waiver remains uncertain, as the court’s June 22 ruling did not directly address the state’s request, and USDA guidance on potential delays has not been published. Further data on long-term health outcomes and consumer substitution patterns are needed to assess the full impact of the SNAP soda bans.

Newsweek