SNAP Advocates Win Lawsuit Against USDA Over Unlawful Food Restriction Waivers
FOR IMMEDIATE RELEASE: June 22, 2026
Contact:
- Patrick Fowler, Communications Strategist, NCLEJ | fowler@nclej.org
Washington, DC: In a major victory for low-income people who rely on SNAP benefits, the US District Court for the District of Columbia has granted summary judgment to plaintiffs in a lawsuit brought by the National Center for Law and Economic Justice (NCLEJ) and Shinder Cantor Lerner (SCL) over the implementation of waivers that restrict the type of food that can be purchased with SNAP benefits. The Court has vacated the USDA’s food restriction waivers in Colorado, Iowa, Nebraska, Tennessee, and West Virginia.
“The Court’s ruling is a major step in restoring essential food assistance to the millions of families that rely on SNAP nationwide,” said Katie Deabler, Senior Attorney at the National Center for Law and Economic Justice. “This decision makes clear that the USDA cannot bypass the legal guardrails that establish how SNAP must operate across the country. It affirms that families deserve a program that works without confusion.”
Background:
The USDA has taken steps to scale back SNAP benefits by granting food restriction waivers that allow twenty-two states to redefine “food,” significantly curtailing the freedom of SNAP participants to choose the food they andtheir families need. The USDA’s approval of these food restriction waivers violated the Administrative Procedure Act.
While the specific restrictions vary by state, many target candy, snack foods, and soft drinks but rely on vague, complicated, and counter-intuitive definitions.This has caused significant confusion for SNAP recipients and retailers, and has harmed SNAP recipients who rely on certain sugary beverages to manage their chronic health conditions like diabetes.
The waivers also risk worsening food deserts in low-income communities. SNAP participating retailers risk removal from the program if they are determined to have accepted SNAP benefits for restricted foods—even if any mistake is unintentional. Because the waivers fail to clearly define which foods are restricted, retailers are at high risk of inadvertent errors that could cost them their status as SNAP retailers. If retailers decide to withdraw or are removed, entire communities may lose access to food.
This case is not only about correcting an unlawful process, it is about preventing cascading harm to families and communities nationwide and ensuring that SNAP remains predictable, accessible and legally administered.
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The National Center for Law and Economic Justice (NCLEJ) advances racial and economic justice for low-income families, individuals, and communities across the country through ground-breaking impact litigation, policy advocacy, and support for grassroots organizing. Founded in 1965, NCLEJ protects access to critical benefits such as food stamps, Medicaid, and childcare; empowers low-wage workers, advocates for people with disabilities; and fights unlawful debt collection.
Shinder Cantor Lerner (SCL) is an antitrust focused boutique that litigates cases across the country. With offices in New York and Washington, Shinder Cantor Lerner focuses on antitrust law and complex litigation. SCL has an established track record of success litigating and advising on high-stakes bet-the-industry matters on behalf of plaintiffs and defendants nationwide. SCL attorneys are dedicated to shaping competition law in a manner that protects free enterprise while promoting economic justice.
