Montana, North Dakota, South Carolina and Virginia are joining a growing number of states limiting what food-assistance recipients can buy, despite a legal challenge to the policy.
Starting on November 1, Montana, North Dakota, South Carolina and Virginia will begin restricting the use of SNAP benefits for certain foods, adding to a growing list of states that have moved to limit purchases of items such as soda, energy drinks and sweets. The changes come as several other states have already put similar rules in place this year, with more scheduled to follow over the next two years.
According to reporting by Fox affiliates, the latest wave of waivers means Indiana, Utah, Idaho, Oklahoma, Louisiana, Texas, Florida and Arkansas have already enacted restrictions this year. Nebraska is set to follow later in 2026, while Wyoming, Kansas, Missouri, Ohio and Hawaii are due to start in 2027, and Nevada in 2028. The precise items covered differ from state to state, but the rules generally target products seen as low in nutritional value, especially sugary drinks and candy.
The move is part of the Trump administration’s Make America Healthy Again initiative, which has been backed by Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. In a statement carried by Fox, Rollins said the department’s commitment to helping Americans in hardship remains unchanged, adding that the waivers are meant to encourage healthier choices for families. Kennedy said SNAP had for years been used to pay for soda and candy, and argued that the waivers would help put “real food” at the centre of the programme.
The policy push remains contentious, however. Five states, including Colorado, Iowa, Nebraska, Tennessee and West Virginia, had been preparing to adopt new restrictions before a federal judge blocked the USDA’s approval of the pilot programme. U.S. District Judge Amy Berman Jackson ruled in June that the department did not have authority under federal law to approve state requests that would bar SNAP recipients from buying sugary foods and drinks. The dispute has left the future of the restrictions uncertain even as more states press ahead.
The underlying SNAP programme remains one of the federal government’s largest nutrition supports. The USDA’s Food and Nutrition Service oversees the benefit, which cost roughly $101.7 billion to $102.6 billion in fiscal 2025 and provided an average of $188 a month per person to more than 42 million Americans. States administer the programme, determine eligibility under federal rules and load benefits on Electronic Benefit Transfer cards that recipients use at stores.
Disclaimer: This content is for informational purposes only and is not intended to be a substitute for professional medical judgment, advice, diagnosis, or treatment.





