
A Democrat-appointed judge just told working taxpayers they must keep buying soda and candy with food stamps whether they like it or not.
Story Snapshot
- A federal judge blocked the Trump administration from backing state limits on using food stamps for soda and candy in five states.
- The judge said the Agriculture Department cannot approve waivers that change what counts as “food” under federal law.
- Trump officials argue taxpayers should not be forced to fund junk food and vow to keep fighting under the Make America Healthy Again agenda.
- The ruling throws 23 state “junk food” waivers into legal doubt and keeps SNAP rules friendlier to Big Soda than to common sense.
Judge Stops States From Limiting Soda And Candy On Food Stamps
U.S. District Judge Amy Berman Jackson in Washington, D.C., blocked the Trump administration from letting five states stop food stamp users from buying sugary drinks and candy with their benefits.[1] Her ruling covers Colorado, Iowa, Nebraska, Tennessee, and West Virginia, where state leaders had asked to test limits on soda and other junk items under the Supplemental Nutrition Assistance Program, known as food stamps.[7] The decision is a major setback for states trying to bring basic nutritional standards to a taxpayer-funded program.
Judge Jackson said the U.S. Department of Agriculture, or USDA, “lacked the authority” under federal law to approve waivers that barred these purchases.[1] She wrote that Congress already defined what counts as “food” for SNAP and did not give the agency power to rewrite that definition to exclude soda and candy.[7] In simple terms, her view is that even if junk food is unhealthy, the federal bureaucracy cannot narrow the menu without explicit orders from Congress.
Trump’s Make America Healthy Again Agenda Hits A Legal Wall
The blocked restrictions are part of President Trump’s Make America Healthy Again initiative, pushed by Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr.[7] Their message is simple: taxpayers should not be forced to cover products that fuel diabetes, obesity, and heart disease, especially when many working families can barely afford groceries themselves. To support that goal, USDA approved “food restriction” waivers in 23 states so they could limit soda, candy, and similar sugary drinks for SNAP customers.[4]
So far, these waivers have allowed or would allow states to restrict purchases of soft drinks, sweetened beverages, candy, and sometimes energy drinks, with some start dates in 2026 and beyond.[2] In many states, that means a family using its own cash can still buy whatever it wants, but when it uses federal benefits, it must choose basic groceries and more nutritious staples. For many conservatives, that sounds like common sense stewardship of a $100 billion program, not “cruelty” as activists claim.[7]
Legal Reasoning Puts Nutrition Off The Table
In her opinion, Judge Jackson said USDA can only approve waivers for narrow reasons listed in law, such as testing ways to improve the efficiency of the SNAP program.[1] She ruled that “improving the health and diet of SNAP recipients” is not one of those reasons.[2] That means, in her view, that even if a policy clearly reduces soda sales or encourages better diets, the agency cannot use waiver authority to try it unless Congress changes the statute first.
The judge also sided with five SNAP recipients who claimed the limits could hurt their ability to access food, even though the rules target specific sugary items, not total benefit amounts.[8] Critics argue this flips SNAP’s purpose on its head, treating junk food as a right equal to meat, milk, or vegetables. Supporters of the ruling say the government should not police grocery carts, but they ignore that taxpayers are already forced to pay the bill either way, through benefits on the front end and health costs on the back end.
USDA Pushes Back, Taxpayers Left On The Hook
Following the decision, USDA defended the policy and signaled it will keep pursuing restrictions on certain food items despite the legal roadblock.[8] A department spokesperson said, “The idea that taxpayer funds should not be used to purchase junk food should not be controversial,” and promised the agency “will not be backing down from the fight to Make America Healthy Again.”[6] The ruling has been sent back to USDA, and an appeal is still on the table, meaning this courtroom clash is far from over.
Judge Blocks SNAP Restrictions On Sugary Drinks, Candy https://t.co/TyNoGoiFMP
— zerohedge (@zerohedge) June 23, 2026
For now, the judge’s order directly affects only the five states in the lawsuit, but her reasoning puts all 23 “food restriction” waivers at risk.[12] If higher courts do not reverse the decision or Congress does not clarify the law, states that tried to be responsible with federal dollars could be forced to roll back their rules and once again allow unlimited soda and candy on the taxpayer’s tab. That outcome would please advocacy groups and Big Soda, but it leaves many conservatives asking why Washington protects junk food more than it protects the health and wallets of American families.
Sources:
[1] Web – Judge says food stamps can be used to buy candy, soda
[2] Web – SNAP junk-food purchase restrictions start April 1 in Texas
[4] Web – 18 states will limit junk food from SNAP benefits next year – Reddit
[6] Web – The SNAP Ban: 2026 Retailer Guide to Banned Items | NRS
[7] Web – 22 states now restrict SNAP purchases of soda, candy, and energy …
[8] Web – In 2026, 18 states are set to ban SNAP recipients from using their …
[12] Web – Federal judge blocks bans on SNAP use for soda – The Hill













