WEST VIRGINIA (LOOTPRESS) – A federal judge has struck down the U.S. Department of Agriculture’s approval of West Virginia’s Supplemental Nutrition Assistance Program (SNAP) food restriction waiver, ruling the agency exceeded its legal authority.
The decision, issued June 22 by the U.S. District Court for the District of Columbia, also vacates similar SNAP waiver approvals granted to Colorado, Iowa, Nebraska, and Tennessee.
Judge Amy Berman Jackson ruled that the USDA improperly approved the pilot projects under a law intended to improve the administrative efficiency of SNAP rather than one specifically governing nutrition and health-related pilot programs. The court also found the USDA failed to follow federal regulations requiring public notice before implementing demonstration projects expected to have a significant public impact.
The challenged waivers would have prohibited SNAP recipients in participating states from purchasing certain items, including candy, soft drinks, energy drinks and, in some states, additional processed foods. The lawsuit argued the USDA lacked authority to narrow the federal definition of eligible food and failed to follow required rulemaking procedures.
The court emphasized that its ruling was not based on whether restricting certain food purchases is good public policy. Instead, the judge found the USDA must follow the authority granted by Congress and comply with federal procedural requirements before implementing such changes.
As a result of the ruling, the USDA’s approval letters for the five states—including West Virginia—have been vacated and returned to the agency for further review. The decision also invalidates a December 2025 USDA memorandum that concluded public notice in the Federal Register was unnecessary before the waivers took effect.
The ruling does not permanently prevent the USDA or states from pursuing nutrition-related SNAP pilot programs. However, the court said any future efforts must proceed under the proper statutory authority and comply with federal notice and comment requirements.
The USDA has approved 23 state SNAP waiver requests since February 2025. While the lawsuit challenged only the approvals for Colorado, Iowa, Nebraska, Tennessee and West Virginia, the court’s reasoning could have broader implications for similar food restriction waivers approved in other states.
