Twenty-three states are on USDA’s list of approved waivers to stop people from using SNAP benefits on soda, candy or both. A federal judge has blocked five of them. And the public only got a formal chance to comment on most of these bans in September, months after many had already taken effect.
Where it already applies. Indiana and Utah started Jan. 1, 2026. Idaho and Oklahoma followed Feb. 15, Louisiana Feb. 18, Texas April 1, Florida April 20 and Arkansas July 1, according to USDA’s waiver pages.
Who is next. USDA lists Kansas and Missouri for Feb. 15, 2027, Wyoming for Feb. 1, 2027, Hawaii and Ohio for April 1, 2027, and Nevada for Feb. 1, 2028. For Montana, North Dakota, South Carolina and Virginia, USDA’s own index page and its state pages show different start dates, so check your state’s page before you shop.
The five a judge stopped. On June 22, 2026, a federal court in Washington vacated the approvals for Colorado, Iowa, Nebraska, Tennessee and West Virginia in Aragon v. Rollins. USDA’s pages now say those bans “may not proceed.” West Virginia’s page carries a notice telling stores to stop.
The comment periods came late. On Sept. 15, 2026, USDA published 18 Federal Register notices inviting public comment on the state projects, one docket per state. Comments closed Oct. 15. Indiana’s ban was approved in May 2025 and had been running for more than eight months by then.
Your chance now. Nebraska filed a new request on Sept. 1 after the court ruling. Its notice is open for comment through Nov. 2, 2026, on regulations.gov docket FNA-2026-0463.
What is restricted varies by state: some ban only soda, others add candy, energy drinks, juice drinks under 50% juice or prepared desserts. The person standing at the register with a cart is the one who finds out which.