The Supplemental Nutrition Assistance Program (SNAP) provides food benefits to nearly 42 million low-income Americans, or about one in every eight people, with the goal of improving food security and alleviating the impacts of poverty. Because the program directly affects the diets of so many Americans, states have been seeking restrictions on the use of SNAP funds for certain foods and beverages through program waivers for decades. Those waivers have almost universally been rejected by the federal government. That is, until the “Make America Healthy Again” initiative publicized their intentions to limit the use of funds and approved Nebraska’s waiver to ban the purchase of soda and energy drinks using SNAP funds. Approval of the waivers would mean authorized retail stores that accept SNAP benefits would no longer accept SNAP benefits for the prohibited items, as the stores would not be reimbursed for the purchased item. In just under a year since Nebraska’s first of its kind waiver, SNAP waiver requests have poured in from across the country.
Commonly Restricted Food Items
After Nebraska, 17 other states have had waiver requests approved by the U.S. Department of Agriculture. Most commonly, the waivers restrict purchases of:
- Candy.
- Soda and soft drinks.
- Sweetened beverages.
- Pre-packaged desserts.
U.S. Health and Human Services Secretary Robert F. Kennedy, Jr. has said that these products “fuel America’s diabetes and chronic disease epidemics,” and limiting access to the foods are one part of a broader effort to improve public health. Looking forward, states may consider expanding the lists of eligible foods to include healthier alternatives once the restrictions are rolled out.
Opposition to Restrictions
Those opposed to the waivers most commonly cite unfair stigmatization as a primary reason. In vetoing HB 2396, a bill that would have directed the state to submit a waiver to restrict the purchase of noneligible foods using SNAP funds, Arizona Democratic Gov. Katie Hobbs argued that the waiver “would deprive [SNAP recipients] of the dignity and economic freedom enjoyed by other grocery shoppers.” Others claim that restricting SNAP would not affect shopper’s proximity to healthy foods, especially shoppers in rural communities. Further, the restrictions could negatively impact grocery stores by harming sales and creating difficult-to-implement policies.
State Legislative Action
Waiver submission is often led by a state’s executive branch through executive order. But in states not already approved, legislators have submitted bills that would direct the relevant state departments to submit waivers. Currently, 39 bills are pending in 17 states, including:
- Alabama SB 57, which passed the Senate Finance and Taxation General Fund Committee on February 4.
- Georgia HB 947, which passed the House Agriculture and Consumer Affairs Committee on February 18.
- New Hampshire SB 615, which is pending in the Senate Health and Human Services Committee.
FOCUS will continue to monitor developments on SNAP purchase restrictions in state legislatures across the country.
by Tom O’Connor 3/2/2026
