What SNAP Ruling Means For Food Aid Benefits In NJ

A new court decision has derailed “Make America Healthy Again” efforts banning the use of federal food aid for candy and sugary drinks in 23 states.

The ruling by U.S. District Judge Amy Berman Jackson, who sits in Washington, scuttles state restrictions now in place or planned for the federally funded, state-run Supplemental Nutrition Assistance Program.

Jackson said her ruling wasn’t a comment on whether the restrictions are a good idea, but was because the federal government did not follow its own definition of “food.”

“The federal defendants and the states may have a genuine desire to improve the health of SNAP households by encouraging healthy choices at the store, and they can take lawful steps to meet those goals,” she wrote. “But what they cannot do is violate the law and their own regulations along the way.”

What’s New Jersey’s Position?

While New Jersey has no such restrictions on candy and sugary soft drink purchases, there are bills pending in the state Senate and Assembly that would impose some restrictions on what could be purchased with SNAP benefits.

Assembly bill A2624, sponsored by Assemblywoman Carmen Theresa Morales from the 34th District in Essex County, and Senate bill S941, sponsored by Sen. Michael Testa of the 1st District in Cape May, Atlantic and Cumberland counties, and Sen. Paul Sarlo of the 36th District in Bergen and Passaic counties, would require the state's Department of Human Services to seek a federal waiver to ban the purchase of soda with the benefits. All three are Democrats.

States with bans already in effect are Florida, Idaho, Indiana, Iowa, Louisiana, Nebraska, Oklahoma, Utah, West Virginia and Texas.

States with bans approved to take effect are Arkansas, Tennessee, Hawaii, South Carolina, North Dakota, Montana, Missouri, Ohio, Virginia, Colorado, Wyoming, Kansas and Nevada.

Earlier this year, Colorado's human services board reversed its plan to restrict soda and candy purchases after advocates and SNAP recipients warned of the stigma caused by accidental attempts to buy prohibited items. Critics also cited confusing guidelines that permitted drinks with at least 50 percent fruit or vegetable juice while banning those with lower concentrations.

Part Of ‘MAHA’ Agenda

The SNAP program helps nearly 39 million Americans — about 1 in 9. Under the Trump administration’s big tax and policy law signed last year, more recipients are subject to work requirements and states are being required to pay a larger share of administrative costs — and could be on the hook for benefit costs if their error rates are too high.

Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. have encouraged states to limit what the food aid can be used to buy as part of the “Make America Healthy Again”
campaign.

They reason that soda and candy fuel obesity, diabetes and chronic disease epidemics — and taking them off the menu would encourage healthier food choices.

SNAP benefits cover most food for home consumption, excluding alcohol, tobacco, and hot, ready-to-eat items. While the government can waive certain rules, improving nutrition is not a recognized reason for doing so. Nevertheless, states seeking to restrict purchases have proposed using alternative definitions of "food" in their requests to the Agriculture Department.

Rollins suggested on social media that the administration would “keep fighting to Make America Healthy Again,” though she did not say directly whether there would be an appeal.

What Do You Think?

Should SNAP benefits be limited to healthier foods, or should families be allowed to decide for themselves what groceries they need? Tell us what you think in the comments below.