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By Hola Nebraska
Nebraska SNAP recipients are set to regain access to soda and energy drinks after a federal court ruling vacated the state’s food restriction waiver.
The change affects grocery purchases made with Supplemental Nutrition Assistance Program benefits, though some stores may need time to update checkout systems before the restriction disappears at the register.
Nebraska’s restriction on soda and energy drinks took effect Jan. 1 after the state received federal approval for a waiver. The U.S. District Court for the District of Columbia vacated that approval on June 22, and the Nebraska Department of Health and Human Services is now working with SNAP retailers to remove the restriction.
Checkout changes may vary by store
DHHS said many retailers will require time to update their systems before the restrictions are lifted.
The practical change for shoppers will depend on when individual stores update their checkout systems. Some SNAP purchases may not change immediately at every store, even though the state is moving to remove the restriction.
DHHS said it will provide additional details on its Healthy Choices Waiver page as more information becomes available.
Nebraska’s restriction started Jan. 1
Nebraska was the first state to receive a federal waiver allowing it to restrict the purchase of soda and energy drinks through SNAP.
At the time, state officials promoted the waiver as a way to align SNAP purchases with nutrition goals.
SNAP provides food assistance to eligible households. Before the waiver, federal rules generally allowed SNAP benefits to be used for food items that met the program’s definition of food.
The Nebraska waiver blocked SNAP benefits from being used to buy soda, soft drinks and energy drinks. A later phase of the state’s plan would have restricted candy beginning Nov. 1, 2026.
The court ruling affected Nebraska and other states
The federal court ruling vacated USDA approval of food restriction waivers for Nebraska and four other states.
Nebraska Public Media reported that Judge Amy Berman Jackson ruled USDA relied on the wrong section of law, ignored a congressional definition of food and failed to allow public comment when approving the restrictions.
The ruling does not end the broader debate over whether states should be able to limit certain SNAP purchases. It does change what Nebraska DHHS is now doing with retailers after USDA notified the state to act.
For Nebraska families using SNAP, the immediate issue is at the register: soda and energy drink restrictions are being removed, but some stores may take longer than others to update their systems.
DHHS will post additional waiver updates
DHHS said additional details will be posted on the state’s Healthy Choices Waiver page as information becomes available.
The agency did not give a specific date for when every retailer will finish updating its system.
Until those updates are complete, SNAP shoppers may still see differences between stores. The state’s current update says many retailers will require time to update their systems before the restrictions are lifted.
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