# Federal judge blocks Nebraska's SNAP soda, energy drink ban  
**Published:** 2026-06-23T18:26:03.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/23/federal-judge-rules-nebraska-cant-restrict-snap-purchases-of-soda-and-energy-drinks/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/federal-judge-blocks-nebraska-s-snap-soda-energy-drink-ban

LINCOLN, Neb. — A federal judge on Monday struck down Nebraska's groundbreaking pilot program that restricted Supplemental Nutrition Assistance Program recipients from purchasing soda and energy drinks, dealing a significant blow to efforts by the Trump administration to reshape how low-income families spend food assistance dollars.

[U.S. District Judge Amy Berman Jackson ruled](https://nebraskaexaminer.com/2026/06/23/federal-judge-rules-nebraska-cant-restrict-snap-purchases-of-soda-and-energy-drinks/) that Agriculture Secretary Brooke Rollins overstepped her authority when she approved the restrictions in Nebraska and four other states. Jackson wrote that Rollins waived "not just a mere administrative or technical obstacle, but the very definition of 'food' as it was laid down by Congress."

Nebraska was the first state to implement such restrictions after Gov. Jim Pillen requested the waiver in April 2025. The ban went into effect on Jan. 1 of this year, making Nebraska the pioneer of what the Trump administration called a historic health initiative. The federal lawsuit, brought by [the National Center for Law and Economic Justice on behalf of five SNAP recipients](https://www.nacs.org/stay-current/news/2026/june/23/federal-judge-rules-against-snap-restriction-waivers-in-5-states) in Nebraska, Colorado, Iowa, Tennessee and West Virginia, challenged the legality of the restrictions in all five states.

Judge Jackson noted that while states and the federal government may have genuine intentions to improve health outcomes, the USDA lacked the statutory authority to redefine what counts as "food" under the Food and Nutrition Act of 2008. The ruling applies broadly to food restriction waivers in all five states where the bans were already implemented or pending.

Ken Smith, Nebraska Appleseed's Economic Justice Program director, called the ruling "a significant win for Nebraska households struggling with the rising cost of groceries." The advocacy organization had opposed Pillen's waiver request, arguing it placed blame on low-income families for their dietary choices.

The Nebraska Department of Health and Human Services said it is reviewing the decision and will "await guidance from the United States Department of Agriculture regarding next steps," according to Jeff Powell, the agency's communications director.

The ruling represents a setback for the Trump administration's broader "Make America Healthy Again" initiative championed by Health and Human Services Secretary Robert F. Kennedy Jr. and Rollins. [A total of 23 states have applied for or received waivers](https://www.usda.gov/about-usda/news/press-releases/2025/12/10/secretary-rollins-signs-six-new-state-waivers-make-america-healthy-again-removing-unhealthy-foods) that would restrict purchases of soda, candy and other items under SNAP, though not all have been implemented. The decision may provide a roadmap for legal challenges to other approved waivers still pending implementation.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/23/federal-judge-rules-nebraska-cant-restrict-snap-purchases-of-soda-and-energy-drinks/)
- [National Center for Law and Economic Justice lawsuit information](https://www.nacs.org/stay-current/news/2026/june/23/federal-judge-rules-against-snap-restriction-waivers-in-5-states)
- [USDA information on 23 state SNAP waivers](https://www.usda.gov/about-usda/news/press-releases/2025/12/10/secretary-rollins-signs-six-new-state-waivers-make-america-healthy-again-removing-unhealthy-foods)

---

This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/2026/06/23/federal-judge-rules-nebraska-cant-restrict-snap-purchases-of-soda-and-energy-drinks/.