Colorado Politics

Judge blocks Colorado’s proposed ban on using SNAP benefits for soda

A federal judge has temporarily blocked Colorado and several other states from enforcing a proposed “Healthy Choice Waiver” that would have barred Supplemental Nutrition Assistance Program (SNAP) recipients from using their benefits to buy soda and other sugary drinks.

Under the waiver, SNAP users would have been prohibited from purchasing sweetened beverages with less than 50% fruit or vegetable juice, including soda, energy drinks, iced teas and coffee.

Supporters, including Gov. Jared Polis, argued the policy would encourage healthier choices and help reduce obesity. Opponents, including anti-hunger organizations, said it would disproportionately harm people living in areas with limited access to fresh food and those with medical conditions, such as diabetes.

Colorado received USDA approval for the waiver last August, but it still needed approval from the state Board of Human Services. The board voted it down in March.

Two months later, Polis issued an executive order banning the use of state funds to buy soda and alcohol for official functions and his administration was reportedly considering bringing the waiver back for another vote.

Also in March, Colorado joined four other states in suing the USDA, arguing the waiver would “deprive SNAP recipients and their families of the food they need to maintain their health and employment and in some cases, to survive.”

On Monday, U.S. District Judge Amy Berman Jackson sided with the states, ruling that the USDA lacks the authority to let states remove entire categories of food from SNAP.

“Congress defined what ‘food’ is supposed to be, and it did not authorize the agency to amend or waive the definition it enacted,” she wrote.


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