Nebraska Wants to Ban Soda on SNAP Again After a Court Struck Down Its First Plan

Nebraska made national headlines when it became the first state in the country to stop SNAP benefits from being used to buy soda and energy drinks. That rule took effect on January 1, 2026. Less than six months later, a federal court threw it out.

Now the state is trying again. A new Nebraska plan appears on the U.S. Department of Agriculture’s official list of SNAP food restriction waivers, with a target start date of December 1, 2026. It would bring back the limits on soda and energy drinks and, a few months later, add candy.

For the thousands of Nebraska households that use SNAP, it has been a confusing year. Here is how the state got to this point, what the new plan would do, and what shoppers should watch for in the coming weeks.

How Nebraska Became the First

In 2025, the USDA began inviting states to request permission to restrict what SNAP benefits can buy. Nebraska was the first to receive approval. Its waiver barred the use of benefits for soda and energy drinks beginning on New Year’s Day 2026.

Governor Jim Pillen was a strong supporter. According to Nebraska Public Media, he said last December, “There’s absolutely zero reason for taxpayers to be subsidizing purchases of soda and energy drinks.” State officials presented the change as a way to promote healthier eating.

Other states quickly followed with their own requests. Within months, nearly two dozen had won approval for some form of restriction. Nebraska’s rule was seen as the model that started it all.

What the Court Decided

The plan ran into trouble in federal court. SNAP recipients from five states, including Nebraska, sued the USDA over the waivers. On June 22, 2026, the U.S. District Court for the District of Columbia ruled in their favor.

Judge Amy Berman Jackson found that the USDA had relied on the wrong section of law, ignored a definition of food set by Congress, and failed to allow public comment before approving the restrictions, Nebraska Public Media reported. The court vacated the waivers for Nebraska, Colorado, Iowa, Tennessee, and West Virginia. The ruling did not apply to states that were not part of the lawsuit.

On July 2, Nebraska officials said they would begin allowing SNAP recipients to buy soda and energy drinks again. The Nebraska Department of Health and Human Services said it was working with retailers to remove the restrictions from their checkout systems. Stores that had spent months reprogramming their registers had to undo the work.

What the New Plan Would Do

Nebraska did not give up. The USDA’s current table of food restriction waivers lists a new Nebraska entry with a target implementation date of December 1, 2026. It would restrict the purchase of soda, soft drinks, and energy drinks.

A second phase is also listed. Effective March 1, 2027, the restriction would cover soda, soft drinks, energy drinks, and candy. That would make Nebraska’s rules broader than they were the first time around.

There is one notable difference in the process. The USDA page links to a notice of request for public comments for Nebraska’s plan. The lack of public comment was among the problems the judge identified with the original approvals.

Is It Final?

Shoppers should treat the December date as a target, not a certainty. Several states have seen their start dates pushed back this year. Ohio’s plan, for instance, is now listed for April 1, 2027, after an earlier delay.

The legal picture is also unsettled. The convenience store industry’s trade association, which tracks the waivers for retailers, has reported that the USDA appealed the June ruling. The outcome of that appeal could affect Nebraska and every other state with a restriction.

Until the state confirms that the new rules are in force, soda and energy drinks remain eligible for purchase with SNAP in Nebraska. The Department of Health and Human Services has set up a webpage and email contacts for retailers and the public. Checking there is the surest way to know where things stand.

What Would and Would Not Change

If the plan moves forward, the change would happen at the register. Stores would program their systems so that restricted drinks could not be paid for with an EBT card. A shopper could still buy them with cash or a debit card.

Monthly benefit amounts would not be reduced. A household would receive the same deposit and could spend it on any other eligible food. The USDA’s list of eligible food items still includes fruits, vegetables, meat, dairy, bread, cereal, and snack foods not covered by a state restriction.

Exactly which products count as “soft drinks” or “candy” depends on how the state defines them. In other states, questions have come up about items such as flavored water, sports drinks, and granola bars. Nebraska shoppers should look for store signs and state guidance once the details are published.

Why Supporters and Critics Disagree

Supporters argue that a nutrition program should not pay for products with little nutritional value. They point to high rates of obesity and diabetes and say public money should encourage better choices. The USDA has described the waivers as a step toward restoring nutritional value in SNAP.

Critics see it differently. They say the rules treat low-income families as if they cannot be trusted to shop for themselves. They also note that the restrictions do not make healthy food any cheaper or easier to find.

Retailers have their own concerns. Small stores in particular say that reprogramming registers and training workers is expensive, especially when the rules keep changing. One study covered by Crafting Your Home found that fewer convenience stores accepted SNAP after states adopted bans.

Where Nebraska Fits in the National Picture

Nebraska’s second attempt comes as restrictions spread quickly. On November 1, 2026, Montana, North Dakota, South Carolina, and Virginia began limiting purchases of sugary drinks, and three of them restrict candy as well. Kansas, Missouri, Wyoming, Hawaii, and Ohio are scheduled to follow in 2027.

Trade publication FoodNavigator reported this month that Nebraska is seeking USDA approval of a similar demonstration project after the court ruling. It also cited research showing that soda purchases fell in states where waivers took effect early in 2026. Nebraska was among the states included in that data.

For a closer look at the request itself, see this report on how Nebraska asked the USDA to restart its soda ban. The state’s experience may show whether a waiver that follows a fuller public process can hold up.

What Nebraska Shoppers Should Do

For now, nothing changes at the checkout. Soda and energy drinks can be bought with SNAP in Nebraska until the state announces otherwise. Families should watch for notices from the Department of Health and Human Services and from their local grocery stores.

It is wise to plan for December 1 just in case. Keeping a little cash on hand for restricted items will prevent surprises at the register. If candy is added in March, the same approach will apply.

Nebraska was the first state to try this, the first to see it struck down, and may now be the first to bring it back. Whatever happens next, the rest of the country will be watching closely.