Nebraska to Restrict SNAP Soda and Energy Drink Purchases
On May 19, 2025, U.S. Secretary of Agriculture Brooke Rollins signed the first-ever waiver allowing Nebraska to restrict the use of Supplemental Nutrition Assistance Program (SNAP) funds to purchase certain “junk” foods and beverages, such as candy and soda. Beginning in January 2026, SNAP participants in Nebraska will not be able to use the benefits to purchase soda and energy drinks.
Previously, SNAP recipients could purchase any groceries except for alcohol, tobacco, hot foods, and personal care products. The waiver is part of the Make America Healthy Again agenda and “seeks to reverse alarming disease trends across the country.”
In April, Nebraska Governor Jim Pillen submitted a letter to Secretary Rollins notifying her of the state’s intent to pursue a SNAP waiver. According to Pillen, “[t]here’s absolutely zero reason for taxpayers to be subsidizing purchases of soda and energy drinks. SNAP is about helping families in need get healthy food into their diets, but there is nothing nutritious about the junk we are removing with today’s waiver.”
Several other states, including Arkansas, Colorado, Kansas, Indiana, Iowa, and West Virginia, have submitted requests to prohibit SNAP funds from covering certain foods or to allow the use of funds to purchase certain hot foods, such as rotisserie chicken. Many other states have active legislation seeking to restrict SNAP funding for certain products. While USDA has historically rejected waivers to restrict SNAP spending, Rollins supports “tak[ing] junk out of SNAP.”
Keller and Heckman will continue to monitor developments related to SNAP.
