Federal Judge Rules USDA Lacked Authority to Approve SNAP Food Bans
A federal court struck down the USDA’s approval of state waivers that would have barred SNAP recipients from buying soda and sugary beverages with food assistance benefits. U.S. District Judge Amy Berman Jackson ruled on June 23, 2026 that the USDA and Agriculture Secretary Brooke Rollins misread the law when greenlighting those pilot programs.
The waivers were built on a section of the Food and Nutrition Act that allows pilot programs aimed at improving program efficiency. Jackson found that section covers administrative efficiency, not health outcomes.
“What they cannot do is violate the law and their own regulations along the way.”
U.S. District Judge Amy Berman Jackson, ruling in SNAP waiver case, June 23, 2026
A separate statute, section 2026(k), does allow health-focused SNAP pilots. But it explicitly bars waivers that remove specific food products from the program. The USDA bypassed that section entirely.
About 24 States Had Active or Pending Waivers
Colorado was one of roughly two dozen states that submitted waiver requests to the Trump administration under the “Make America Healthy Again” framework championed by Health and Human Services Secretary Robert F. Kennedy Jr. Colorado was the first state led by a Democrat to receive approval, which came in August 2025. Colorado’s restriction targeted sugary beverages with at least 5 grams of sweetener per 12 ounces. Other states also sought to exclude energy drinks and candy.
600,000+ Coloradans who rely on monthly SNAP benefits and were covered by the state’s proposed restriction
The Colorado policy was already stalled before the ruling. Gov. Jared Polis won USDA approval in August 2025, but the state’s nine-member, governor-appointed human services board refused to hold a vote on implementing it.
SNAP Recipients Filed the Lawsuit in March 2026
SNAP recipients in five states, including Colorado, filed suit in March 2026 with the National Center for Law and Economic Justice and Shinder Cantor Lerner LLP. Colorado plaintiff Nieves Aragon, who has Type I diabetes, argued the restrictions would limit her ability to manage her diet on a fixed food budget. The ruling benefits her and hundreds of thousands of other Colorado SNAP households.
Gov. Polis, despite leading a Democratic state, supported the restriction and expressed disappointment: “I’m disappointed in this ruling, which will lead to higher diabetes rates and more tooth decay and dental bills for people,” he said on June 24, 2026.
The ruling does not prevent Congress from changing the statute, and it does not permanently bar states from designing health-focused SNAP programs within the law’s existing framework. What it blocks is the USDA using an efficiency-focused statute to do an end run around the stricter requirements that apply to health-based pilots.
What You Can Do Now
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Contact your U.S. senators at (202) 224-3121 and tell them to oppose any legislative fix that would give the USDA authority to remove food categories from SNAP without the safeguards currently in 26 U.S.C. § 2026(k). Ask them specifically to maintain the existing prohibition on product-specific waivers in health pilots.
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Contact your House representative at (202) 225-3121 and ask them to oppose any appropriations rider or farm bill provision that overturns Judge Jackson’s ruling. Find your rep at house.gov/representatives/find-your-representative.
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If you are a SNAP recipient in Colorado or another affected state, the National Center for Law and Economic Justice tracks this litigation and can connect you with legal resources at nclej.org.
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Contact the USDA directly at (202) 720-2791 and urge the agency to design any future health-focused SNAP pilots in compliance with section 2026(k) rather than bypassing it. Tell them that restrictions on food purchases must go through the proper statutory process.