States across the U.S. are increasingly seeking Agriculture Department approval to ban purchases of soft drinks, candy and prepared desserts through the Supplemental Nutrition Assistance Program as the "Make America Healthy Again" movement spreads.
USDA has so far approved requests from a dozen states to bar certain foods and drinks from being purchased using SNAP dollars and has yet to weigh in on five more, according to an Agri-Pulse analysis of federal and state documents. All seek to restrict sales of certain soft drinks and several also target candy purchases.
Below is a breakdown of waiver requests as of May 19, the products they cover, and their status.
Arkansas
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: July 1, 2026
Products covered
- Soda and low and no-calorie soda, fruit and vegetable drinks with less than 50% natural juice, and other “unhealthy drinks”
- Candy
Colorado
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: March 1, 2026
Products covered:
- Soft drinks. Defined as “nonalcoholic beverages that contain natural or artificial sweeteners,” excluding beverages with greater than 50% of vegetable or fruit juice by volume or that contain milk or milk products, soy, rice, or similar milk substitutes.
Florida
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan 1, 2026
Products covered:
- Soda. Defined as “a beverage that is made with carbonated water and that is flavored or sweetened with added sugars and artificial sweeteners,” excluding carbonated water that is plain or naturally flavored or any beverage that is greater than 50% vegetable or fruit juice by volume or contains less than 5 grams of added sugar.
- Energy drinks. Defined as a beverage containing at least 65 milligrams of caffeine per 8 fluid ounces, not including coffee, tea or any substantially coffee- or tea-based beverage.
- Candy
- Prepared desserts. Defined as a “processed, shelf-stable, ready-to-eat, prepackaged sweet food intended for immediate consumption without any further preparation.”
Hawaii
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Aug. 1, 2026
Products covered:
- Soft drinks. Defined as "a nonalcoholic beverage that is made with carbonated water and is sweetened with more than 10 grams of sugar per serving." Does not include beverages that that contain milk, milk products, soy, rice, or other milk substitutes, or that is greater than 50% vegetable or fruit juice by volume.
Idaho
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan 1, 2026
Products covered:
- Soda. Defined as “nonalcoholic beverages containing sweeteners,” excluding milk or milk substitutes, beverages with more than 50% juice, and products that require preparation before consumption.
- Candy. Does not include items containing flour or requiring refrigeration.
Indiana
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan 1, 2026
Products covered:
- Soft drinks. Defined as “nonalcoholic beverages that contain natural or artificial sweeteners,” excluding milk or milk products, soy, rice, or similar milk substitutes, or products that are exclusively naturally sweetened using natural vegetable or fruit juice.
- Candy. Does not include products that require refrigeration.
Iowa
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan 1, 2026
Products covered:
- Carbonated and noncarbonated soft drinks, including but not limited to colas, ginger ale, near-beer, root beer, lemonade, and orangeade.
- Naturally or artificially sweetened water
- All drinks or pouches with natural fruit or vegetable use that contain 50% or less natural fruit or vegetable juice by volume, and drink mixes and concentrates intended to be made into beverages with less than 50% or less natural fruit or vegetable juice by volume.
- Candy, candy-coated items, and candy products, including gum, candy primarily intended for decorating baked goods, and hard or soft candies including jelly beans, taffy, licorice, and mints and breath mints.
- Fruits, nuts or other ingredients in combination with sugar, chocolate, honey, or other natural or artificial sweeteners in the form of bars, drops or pieces. Caramel wraps, caramel corn or other candy-coated apples or other fruit.
- Dried fruit leathers or other similar products. Granola bars that do not contain flour.
- Taxable food items as defined by the Iowa Department of Revenue.
Kansas
Documents: Request
Status: Awaiting approval
Target implementation date: Eighteen months after approval date
Products covered:
- Soft drinks. Defined as “nonalcoholic beverages that contain natural or artificial sweeteners,” excluding beverages that are greater than 50% vegetable or fruit juice by volume or that contain milk or milk products, soy, rice or similar milk substitutes.
- Candy. Does not include products containing flour or requiring refrigeration.
Louisiana
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan. 15, 2026
Products covered:
- Soft drinks. Defined as “any carbonated beverage containing high fructose corn syrup or artificial sweeteners.” Excludes flavored carbonated water, beverages containing 50% or more vegetable or fruit juice by volume, and beverages that contain milk or milk products, soy, rice or similar milk substitutes.
- Energy drinks. Defined as “carbonated or non-carbonated beverages containing a stimulant such as fortified caffeine, guarana, glucuronolactone, or taurine” and “specifically formulated to enhance energy, alertness or physical performance.”
- Candy. Does not include products containing flour, protein bars, granola bars, and baking ingredients such as sprinkles, chocolate melting wafers, toffee bits, or chocolate chips.
Missouri
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Oct. 1, 2026
Products covered:
- Carbonated and noncarbonated soft drinks, including but not limited to colas, ginger ale, near-beer, root beer, lemonade and orangeade
- All drinks or punches containing 50% or less natural fruit or vegetable juice by volume, along with beverage mixes and concentrates intended to make such drinks.
- Candy.
- Prepared desserts. Defined as “a processed, shelf-stable, ready-to-eat, pre-packaged sweet food intended for immediate consumption" without any further preparation.
Montana
Documents: Letter to USDA
Status: Request submitted to USDA
Target implementation date: Unclear
Products covered:
- Candy and prepared desserts, such as packaged snack cakes
- Beverages exceeding 10 grams of sugar per 8 ounces.
Nebraska
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan. 1, 2026
Products covered:
- Soda. Defined as “any carbonated non-alcoholic beverage that contains water, a sweetening agent, flavoring and carbon dioxide gas to create carbonation.” Does not include mineral water sold in containers or beverages containing milk products.
- Energy drinks. Defined as “carbonated or non-carbonated beverages containing a stimulant” and “specifically formulated to enhance energy, alertness, or physical performance.” Does not include sports drinks like Gatorade.
North Dakota
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Sept. 1, 2026
Products covered:
- Soft drinks. Defined as "any carbonated, nonalcoholic beverages that contain water, a sweetening agent, flavoring, and carbon dioxide gas to create carbonation.
- Energy drinks. Defined as "any carbonated or non-carbonated beverage containing a stimulant such as fortified caffeine," that specifically formulated to enhance energy, alertness, or physical performance." Does not include sports drinks.
- Candy. Defined as "as a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. It does not include any preparation containing flour or requiring refrigeration."
Ohio
Documents: Request
Status: Awaiting approval
Target implementation date: Jan. 1, 2026
Products covered:
- Sugar-sweetened beverages. Defined as beverages with sugar, corn syrup, high-fructose corn syrup, or similar caloric sweeteners as the primary ingredient, or as the second ingredient if the first ingredient is carbonated water..
Oklahoma
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan. 1, 2026
Products covered:
- Soft drinks. Defined as “any non-alcoholic beverage that contains natural or artificial sweeteners,” or any drink advertised as a “soda, pop, cola, energy drink, or energy supplement.” Does not include beverages that contain more than 50% fruit or vegetable juice by volume, or drinks containing milk or milk substitutes.
- Candy. Includes chocolate bars that contain flour, but does not include cakes, cookies, muffins, brownies, pastries, bread or other baked goods.
South Carolina
Documents: Governor’s executive order, Request, Approval letter
Status: Approved by USDA
Target implementation date: Aug. 31, 2026
Products covered:
- Soft drinks. Defined as “any nonalcoholic beverage made with carbonated water and flavored or sweetened, or both, with sugar or other natural or artificial sweeteners.”
- Sweetened beverages. Defined as any beverages immediately ready for consumption that are sweetened with 5 or more grams of added sugar or other natural or artificial sweeteners, like sweetened coffee, tea and lemonade.
- Energy drinks. Defined as "beverages containing at least sixty-five (65) milligrams of caffeine per eight (8) fluid ounces that are advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer's mental or physical energy."
- Candy. Does not include protein bars, granola bars, baking ingredients, or baked goods.
Tennessee
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: July 31, 2026
Products covered:
- Processed foods that list sugar, corn syrup, high fructose corn syrup, or a similar caloric alternative as the first ingredient, excluding granulated sugar, raw sugar, and other single-ingredient sugars used for cooking and baking.
- Beverages that list carbonated water and sugar, corn syrup, high fructose corn syrup, or a similar caloric alternative as the first two ingredients.
Texas
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: April 1, 2026
Products covered:
- Sweetened drinks. Defined as “nonalcoholic beverages made with water that contain 5 grams or more of added sugar or any amount of artificial sweetener,” excluding drinks containing more than 50% vegetable or fruit juice by volume or that include milk or milk products or soy, rice or similar milk substitutes.
- Candy. Does not include products “used exclusively for cooking,” like chocolate bits and cake sprinkles.
Utah
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan. 1, 2026
Products covered:
- Soft drinks. Defined as “a nonalcoholic beverage that is made with carbonated water and is flavored and sweetened with artificial sweeteners,” excluding drinks containing more than 50% vegetable or fruit juice by volume or milk, milk products, and soy, rice, or other milk substitutes.
Virginia
Documents: USDA press release, Request, Approval letter
Status: Approved by USDA
Target implementation date: April 1, 2026
Products covered:
- Sweetened drinks. Defined as “a beverage that is made with carbonated water and that is flavored or sweetened with added sugar or artificial sweeteners." Does not include plain or "naturally flavored" carbonated water with less than five grams of added sugar, beverages marketed primarily as "sports foods to increase hydration," non-carbonated beverages, or milk, milk products, and soy, rice, or other milk substitutes.
West Virginia
Documents: Request, Approval letter
Status: Approved by USDA
Target implementation date: Jan. 1, 2026
Products covered:
- Soft drinks. Defined as “a nonalcoholic beverage that is made with carbonated water and is flavored and sweetened with artificial sweeteners,” excluding drinks containing more than 50% vegetable or fruit juice by volume or milk, milk products, soy, rice, or other milk substitutes.
