Judge blocks West Virginia SNAP soda ban, restoring benefits for soft drinks

CHARLESTON, W.Va. (WCHS) — West Virginians who receive Supplemental Nutrition Assistance Program benefits can once again use them to purchase soda after a federal judge blocked the state’s restriction, though the ruling could still face an appeal.

U.S. District Judge Amy Berman Jackson ruled that the U.S. Department of Agriculture exceeded its authority and failed to follow required public notice procedures before approving waivers allowing five states, including West Virginia, to restrict certain SNAP purchases. The ruling vacates those waivers, effectively restoring previous purchasing rules unless a higher court intervenes.

Gov. Patrick Morrisey said the state is consulting with the U.S. Department of Justice and the other states involved in the lawsuit before deciding whether to appeal the decision.

“We do think it’s lawful,” Morrisey said. “We think that the way that SNAP was designed, it’s trying to focus on nutrition, and I think our decisions are consistent with that. We want nutritious foods for people.”

Morrisey said discussions are ongoing about the state’s legal strategy.

“We’re conferring with the other states. We’re conferring with the Department of Justice on that, and we’re going to be developing our litigation plan,” he said.

The lawsuit was filed by the National Center for Law and Economic Justice on behalf of plaintiffs challenging the USDA’s approval of the restrictions.

Katherine Deabler-Meadows, an attorney with NCLEJ, said the ruling provides immediate relief for SNAP recipients and retailers.

“For our clients it means a lot that they’re going to be able to buy the food products that they need to buy to manage their lives and their health conditions,” she said.

Deabler-Meadows said the restrictions created confusion for grocery stores and made it more difficult for recipients to use their benefits.

“Legally, this is very clear,” she said. “The district court vacated the five waivers. USDA’s approval of those restrictions has been vacated. Legally, people should be able to just walk in and use their SNAP benefits the exact same way they could before the restrictions went into effect.”

Supporters of the restrictions argued they would encourage healthier food choices. However, Deabler-Meadows said the limits placed an unnecessary burden on families relying on SNAP benefits.

“It might seem like a small thing to not be able to drink a soda,” she said. “If your day is that long and you have that many things to juggle, sometimes that is something that you need in order to meet all of those responsibilities.”

Although the restriction has been struck down, it may take time for retailers across West Virginia to update their systems. The federal government may also appeal the ruling, but unless a court issues a stay, attorneys say the restrictions are no longer legally in effect.