SNAP restrictions on soda, energy drinks overturned in Nebraska following judge’s ruling

By Ron Johnson, WOWT

(June 23, 2026)

A federal judge said the USDA did not have authority to let states remove soda and energy drinks from SNAP eligibility

Since Jan. 1, SNAP recipients in the two states had not been able to buy those items using their benefits.

A federal judge said Tuesday the U.S. Department of Agriculture did not have the authority to let states remove soda and energy drinks from SNAP eligibility.

SNAP RECIPIENT REACTS

Amanda Gershon, a Nebraska SNAP recipient who has a gluten allergy, said she sometimes relies on ginger ale and Sprite when she has an upset stomach. She said the government should not get involved in food access.

“No matter what we choose to buy with our EBT, we get the same amount every month,” Gershon said. “And so those decisions should be left to the individual, and for me, because I have health problems, my doctor as well.”

Heartland Hope Mission said leaders should focus more on nutrition education instead of broad bans.

“We know that behavior change comes from educating people right, and so I think that’s always an important thing for us to look at is there actually going to be behavior change,” said Chelsea Salifou, CEO of Heartland Hope Mission.

Gershon said she wants to see more focus on programs that encourage healthy eating.

“If parent can go get bananas and grapes every time their child wanted some they’d be less reliant on macaroni and cheese and other expensive fillers,” Gershon said.

STATE RESPONSE

Iowa Gov. Kim Reynolds released a statement Tuesday calling the court’s decision short-sighted.

Nebraska’s Department of Health and Human Services referred questions about next steps to the U.S. Department of Agriculture.