A countdown clock is ticking for the USDA.
The agency has until August 21, 2026 to decide whether it will fight back after a federal judge blocked its soda and candy bans in five states.
So far, it has stayed silent.
That silence is leaving thousands of SNAP recipients stuck in limbo. They don’t know if their state’s rules are gone for good, or about to come roaring back.
Here’s what happened. On June 22, U.S. District Judge Amy Berman Jackson ruled that the USDA broke the law when it approved waivers letting states ban soda, candy, and other items from SNAP purchases. The waivers were blocked in Colorado, Iowa, Nebraska, Tennessee, and West Virginia.
The judge didn’t hold back. “Congress defined what ‘food’ is supposed to be, and it did not authorize the agency to amend or waive the definition it enacted,” she wrote. Hogan Lovells
In plain terms: USDA tried to change what counts as “food” under SNAP. Only Congress can do that.
The reaction was swift. Agriculture Secretary Brooke Rollins slammed the decision online. “An activist judge just blocked our commonsense restriction on using SNAP benefits for soda and junk,” she wrote. “SNAP is for food – not sugar bombs fueling obesity, diabetes, and skyrocketing healthcare costs for low-income families.” Snap Calculator
Advocacy groups saw it differently. Katharine Deabler-Meadows, a senior attorney at the National Center for Law and Economic Justice, said the ruling makes clear that USDA cannot bypass the legal guardrails that establish how SNAP must operate across the country, and that families deserve a program that works without confusion. National Agricultural Law Center
Now the clock is running. USDA has 60 days from the ruling to file a notice of appeal with the U.S. Court of Appeals for the D.C. Circuit. That window closes August 21.
If USDA appeals, the fight moves to a higher court — and could drag on for months.
If it doesn’t, the block stays in place. The five states cannot bring back their bans unless USDA finds a new legal path, or Congress steps in.
Here’s who this actually affects right now:
- SNAP recipients in Colorado, Iowa, Nebraska, Tennessee, and West Virginia can currently buy soda and candy with their benefits, just like before the waivers.
- SNAP recipients in the other 18 states with approved waivers — including Texas, Florida, Arkansas, and Utah — are not affected by this ruling. Their restrictions remain active.
- Four more states, including Montana, have waivers approved but not yet in effect, with start dates pushed into 2027 and beyond.
Real families are caught in the middle. One plaintiff in the case, Nieves Aragon of Colorado, lives with Type 1 diabetes. Court filings say she relies on small cans of soda as a fast way to raise her blood sugar when it drops too low. Her state’s now-blocked waiver would have made that harder.
Retailers have struggled too. Store owners have reported confusion at checkout, since eligible items shift from state to state.
What to watch next. USDA has publicly signaled it intends to keep pushing the restrictions as part of its broader health agenda, even without confirming an appeal. Legal experts say an appeal is the fastest way for the agency to try to save the policy.
For now, if you live in one of the five blocked states, your SNAP card works the same way it did before the waiver.
Check the USDA’s official waiver tracker for the most current, state-by-state status.
