Federal judge rules government can't prevent using SNAP to purchase energy drinks and soda

quote:

---

The federal government can’t block benefits from the nation’s largest food aid program from being used to buy candy, soda and other sugary drinks, a judge ruled.

Monday’s ruling scuttles restrictions now in place or planned for the federally funded and state-run Supplemental Nutrition Assistance Program in 23 states. President Donald Trump’s administration has not said whether it will appeal to a higher court.

U.S. District Judge Amy Berman Jackson, who sits in Washington and was nominated to the bench by former President Barack Obama, said in her opinion that the ruling was because the federal government did not follow its own definition of “food.” She said it wasn’t a comment on whether the restrictions are a good idea.

“The federal defendants and the states may have a genuine desire to improve the health of SNAP households by encouraging healthy choices at the store, and they can take lawful steps to meet those goals,” she wrote. “But what they cannot do is violate the law and their own regulations along the way.”

---

quote:

---

Jackson said the main legal misstep in restricting what SNAP benefits could buy came because it ran contrary to Congress’s definition of “food.”

Under the law, SNAP benefits — formerly known as food stamps — can be used for “any food or food product for home consumption except alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption.”

The government can waive requirements, but limiting use of the benefits to improve nutrition isn’t listed as a reason to do so. Yet when states asked the Agriculture Department to let them restrict purchases, their requests included using alternate definitions of “food.”

---