West Virginia Department of Human Services announces ‘pause’ of SNAP soda ban

Two weeks after a federal judge ruled against a ban on West Virginia’s federal food assistance program being used to buy soda, the state Department of Human Services announced Friday a “pause” on the ban. 

“Retailers should update their point-of-sale systems and related processes as soon as possible to ensure SNAP recipients can purchase eligible items using their Electronic Benefit Transfer (EBT) cards without interruption,” the state said in a news release. 

Last month, U.S. United States District Judge Amy Berman Jackson struck down West Virginia’s Supplemental Nutrition Assistance Program soda ban, along with SNAP food restrictions in four other states. 

The judge ruled that the section of law the United States Department of Agriculture used to authorize SNAP waivers with the restrictions doesn’t cover projects meant to improve the health of SNAP recipients, and that the agency sidestepped the section that does address the projects, which has strict requirements. 

The USDA also failed to meet a requirement to post notice of pilot projects likely to have significant impact on the public in the federal register 30 days prior to implementation, the judge wrote. 

Earlier this month, the USDA told West Virginia SNAP retailers to again allow soda purchases. 

In its news release Friday, the department said the soda ban is being discontinued while the state and the USDA “evaluate next steps” in response to the court ruling.

“DoHS is committed to using taxpayer dollars appropriately and to encouraging West Virginians to choose healthy food options,” the statement said. “It will administer the SNAP program in accordance with federal law and USDA guidance while ensuring eligible West Virginians have access to their benefits.”

The department did not immediately respond to a question from West Virginia Watch about what the “next steps” could be.

A USDA spokesman told West Virginia Watch Friday, “USDA will not comment on pending litigation,” and referred a reporter to the U.S. Department of Justice, which did not immediately respond Friday. 

West Virginia Gov. Patrick Morrisey requested the SNAP waiver to restrict soda purchases last spring. It was part of the governor’s “Four Pillars of a Healthy West Virginia and one part of U.S. Health and Human Services Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” agenda.

The USDA formally approved the SNAP waiver in August 2025, and the restrictions took effect Jan. 1. 

The state’s SNAP ban included regular soda, diet soda and zero-calorie soda, but did not include water, milk, juice or energy drinks. 

The state referred questions about the ban to the DoHS Office of Constituent Services, 1-877-716-1212 or [email protected]. Retailers who need technical assistance may contact [email protected].