Can New York Ban SNAP Purchases Of Candy, Soda? Here's Where Things Stand

LONG ISLAND, NY — A new court decision has derailed “Make America Healthy Again” efforts banning the use of federal food aid for candy and sugary drinks in 23 states, but New York remains unaffected and continues to push for state-level nutritional controls.

Monday’s ruling by U.S. District Judge Amy Berman Jackson, who sits in Washington, scuttles state restrictions now in place or planned for the federally funded, state-run Supplemental Nutrition Assistance Program.

Jackson ruled that the U.S. Department of Agriculture overstepped its legal bounds. Jackson said her ruling wasn’t a comment on whether the restrictions are a good idea, but 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.”

The judge clarified that the USDA has no legal authority from Congress to change or rewrite the standard definition of "food."

What's New York's Position?

New York currently has no such restrictions on candy and sugary soft drink purchases, but that does not mean New York lawmakers are not pushing for change.

Some lawmakers are actively trying to restrict junk food purchases on SNAP, but they are currently being blocked by the federal courts before the idea can even leave Albany.

One in particular, Bill A4416, would overhaul how food stamps would work in New York by shifting SNAP to an "approved items only" system. SNAP recipients would only be able to choose foods from a particular list of healthy and nutritious foods approved by the Department of Social Services, according to the New York State Senate website.

Although New York was not affected by Monday's ruling, the state has recently passed its own health-oriented food bills and has active bills in the legislative pipeline.

On April 26, the Food Safety and Chemical Disclosure Act passed the Assembly. This piece of legislation will require the food industry to provide evidence of safety to state regulators for any chemical ingredients added to food sold in New York. It bans three toxic food and color additives linked to behavioral issues and chronic health conditions: FD&C Red No. 3, Potassium Bromate, and Propylparaben

For the estimated 2.8 million New Yorkers enrolled in SNAP, the ruling serves as a reminder of a changing national policy landscape that New York has deliberately chosen not to join.

The sweeping federal ruling directly impacts five states locked in legal battles and casts doubt on the plans of 18 others. However, New York never applied for these controversial USDA restriction waivers.

States with bans already in effect are Florida, Idaho, Indiana, Iowa, Louisiana, Nebraska, Oklahoma, Utah, West Virginia, and Texas.

States with bans approved to take effect are Arkansas, Tennessee, Hawaii, South Carolina, North Dakota, Montana, Missouri, Ohio, Virginia, Colorado, Wyoming, Kansas, and Nevada.

Earlier this year, Colorado's human services board reversed its plan to restrict soda and candy purchases after advocates and SNAP recipients warned of the stigma caused by accidental attempts to buy prohibited items. Critics also cited confusing guidelines that permitted drinks with at least 50 percent fruit or vegetable juice while banning those with lower concentrations.

Part Of 'Maha' Agenda

The SNAP program helps nearly 39 million Americans — about 1 in 9. Under the Trump administration’s big tax and policy law signed last year, more recipients are subject to work requirements, and states are being required to pay a larger share of administrative costs — and could be on the hook for benefit costs if their error rates are too high.

Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. have encouraged states to limit what the food aid can be used to buy as part of the “Make America Healthy Again”
campaign.

They reason that soda and candy fuel obesity, diabetes, and chronic disease epidemics — and taking them off the menu would encourage healthier food choices.

SNAP benefits cover most food for home consumption, excluding alcohol, tobacco, and hot, ready-to-eat items. While the government can waive certain rules, improving nutrition is not a recognized reason for doing so. Nevertheless, states seeking to restrict purchases have proposed using alternative definitions of "food" in their requests to the Agriculture Department.

Rollins suggested on social media Tuesday that the administration would “keep fighting to Make America Healthy Again,” though she did not say directly whether there would be an appeal.

What Do You Think?

New York does not currently restrict SNAP purchases of candy or sugary drinks. Should it?