West Virginia retailers told to allow people to purchase soda with SNAP benefits

In light of a federal court decision last month, the U.S. Department of Agriculture has directed retailers in West Virginia that accept Supplemental Nutrition Assistance Program benefits to again allow people to use SNAP to purchase soda. 

“You must stop implementing the ban,” the USDA wrote Thursday in a notice to state SNAP retailers. “SNAP-EBT customers can now purchase all foods and drinks that are normally SNAP EBT eligible.”

In June, United States District Judge Amy Berman Jackson struck down West Virginia’s SNAP soda ban, along with SNAP food restrictions in four other states. 

The judge ruled that the section of law the USDA 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. 

West Virginia Gov. Patrick Morrisey requested the SNAP waiver to restrict soda purchases last spring. It was part of Morrisey’s “Four Pillars of a Healthy West Virginia.” The SNAP changes were 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. 

It was not clear Monday which SNAP retailers so far had stopped implementing the soda ban or how long local retailers will take to make the change.

Emails to Walmart, Kroger and Piggly Wiggly grocery stores were not immediately returned Monday. 

Poca Supermarket in Putnam County posted a notice to customers on Facebook July 3 letting SNAP recipients know that they can once again use benefits to purchase soda.

West Virginia SNAP recipients took to the public Facebook group “WV FOOD ER” over the weekend to tell others about which stores in their areas were allowing SNAP soda purchases. 

“While we can’t guarantee that all stores have updated EBT systems for soda, several members have posted that many of their local stores have,” a moderator for the group wrote Sunday morning. 

“Sam’s in South charleston, food fair, Sheetz in barboursville you can buy with ebt, but NOT AT DOLLAR GENERAL NEAR ME.. LINCOLN COUNTY..,” Krissy Eplin wrote Sunday.

“My local Walmart, gas station, and mom & pop’s convenience stores have. (Logan County),” another woman wrote.

“Foodfair in west hamlin takes it for pop now!” wrote another person on Sunday.