Nebraska has become the first state in the nation to prohibit the use of Supplemental Nutrition Assistance Program (SNAP) benefits for the purchase of soda and energy drinks.

The move follows the approval of a historic waiver from the U.S. Department of Agriculture (USDA), signed Monday by Agriculture Secretary Brooke Rollins.

The waiver, the first of its kind, officially amends the federal definition of food eligible for SNAP purchases in Nebraska.

In a historic step to Make America Healthy Again, @SecRollins signed the first-ever waiver to amend the statutory definition of food for purchase for Nebraska’s Supplemental Nutrition Assistance Program (SNAP).

Effective Jan. 1, 2026, taxpayers will no longer be subsidizing the… pic.twitter.com/FpAzqjWLD6

— Dept. of Agriculture (@USDA) May 19, 2025

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The change will take effect on January 1, 2026. Under current SNAP rules, recipients are already restricted from using benefits to buy alcohol, tobacco products, and hot prepared foods.

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“Today’s waiver to remove soda and energy drinks from SNAP is the first of its kind, and it is a historic step to Make America Healthy Again,” Rollins said in a statement released by the department.

Nebraska Governor Jim Pillen praised the decision, citing the need to align public assistance programs with nutritional goals.

“There’s absolutely zero reason for taxpayers to be subsidizing purchases of soda and energy drinks,” Pillen said.

“SNAP is about helping families in need get healthy food into their diets, but there’s nothing nutritious about the junk we’re removing with today’s waiver.”

The USDA confirmed that Nebraska is the first state to be granted such a waiver, but others have also expressed interest.

Congratulations @TeamPillen and the State of Nebraska for being the first in the nation to have an approved waiver prohibiting the purchase of unhealthy, highly processed food using SNAP benefits. I look forward to seeing more states follow Nebraska’s lead in our pursuit to Make… https://t.co/hRu5JRXK7y

— Secretary Kennedy (@SecKennedy) May 20, 2025

Officials from Arkansas, Idaho, Indiana, and West Virginia have submitted similar waiver requests to exclude soda, energy drinks, and in some cases candy, from SNAP eligibility.

The USDA waiver permits Nebraska to redefine which items are considered “food” under SNAP within its jurisdiction, a flexibility that states have not previously been granted.

The decision marks a significant shift in how federal nutrition assistance policy can be customized at the state level.

The SNAP program, formerly known as food stamps, is a federal initiative administered by the USDA in cooperation with state agencies.

It provides monthly food-purchasing assistance to low-income individuals and families. In fiscal year 2023, SNAP served more than 41 million Americans, according to USDA data.

Supporters of the Nebraska waiver argue that the move will steer public assistance toward healthier outcomes.

Opponents have voiced concerns about potential overreach and the administrative challenges of enforcing the new restrictions at the point of sale.

USDA officials stated that the waiver approval was based on specific criteria laid out in Nebraska’s application, including public health data, SNAP usage patterns, and anticipated outcomes.

The state must also provide periodic reports on the impact of the policy change after implementation.

Retailers in Nebraska will be required to update their systems to ensure compliance with the new rules before the January 2026 effective date.

The Nebraska Department of Health and Human Services, which administers the state’s SNAP program, is expected to issue guidance to vendors in the coming months.

The state’s policy change arrives amid broader national debates on SNAP reform, particularly regarding the role of taxpayer-funded benefits in subsidizing non-nutritive products.

Nebraska’s waiver is likely to serve as a test case for other states considering similar changes to the program.

If it’s grown in a lab, then it’s not real meat. It’s a science experiment. We put a lot of work into passing a ‘Fake Meat’ ban and won big for ag and our ranchers. Bio-reactor junk meat won’t be grown or sold in Nebraska. We have to battle fringe ideas and groups to defend our… pic.twitter.com/mZj1IBsZzC

— Governor Jim Pillen (@TeamPillen) May 21, 2025

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