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Arkansas Begins Ban on Candy and Soda With SNAP as Court Voids Similar Waivers

The move sets up a legal clash over whether USDA can approve state limits on what food stamps buy and raises practical and funding questions for beneficiaries and retailers.

Overview

  • A federal judge on June 22 found that USDA approvals for pilot waivers excluding items like soda and candy exceeded the agency’s legal authority and failed to follow required procedures, and the ruling vacated approvals in five states.
  • Despite that ruling, Arkansas implemented its approved waiver at the start of its fiscal year and began enforcing a ban on soft drinks, candy and drinks with under 50% juice on July 1.
  • The state launched an AR SNAP Companion app to let shoppers scan products and contracted Sifter Solutions for $1.2 million to supply banned‑item lists for retailers.
  • Legal uncertainty remains because the ruling leaves other state waivers in limbo and the USDA could appeal, start formal rulemaking, or seek a congressional change to authorize exclusions.
  • Advocates warn the ban could shrink access, stigmatize recipients, and prompt some small retailers to stop taking SNAP as Arkansas faces an $18 million federal SNAP administrative funding shortfall this October.