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Judge stops effort to keep taxpayer-funded food stamps from buying soda

A federal judge is blocking the Trump administration’s restrictions on Supplemental Nutrition Assistance Program (SNAP) spending.

U.S. District Judge Amy Berman Jackson issued her opinion on Monday, which denied that the U.S. Department of Agriculture (USDA) had the authority to make such cuts from the program.

At issue is the federal definition of “food,” which is used to guide such nutritional programs and which currently includes beverages such as soft drinks and sodas.

“Congress defined what ‘food’ is supposed to be, and it did not authorize the agency to amend or waive the definition it enacted. It did not authorize the agency to cut types of food out of SNAP entirely,” she argued. “It set out clearly the type of experimental projects that could be tested to address the unquestionably serious health issues attributed to the rise of obesity in the population in general and particularly the low-income population. But it did not invite the Secretary to ignore its directives by trying to advance those ends under the banner of ‘efficiency’ or administrative improvements.”

To remove soda from the list would be to “waive the federal definition of ‘food,’” which the USDA does not have the power to do on its own. The plaintiffs, five SNAP recipients, made this argument with the help of the nonprofit National Center for Law and Economic Justice.

Jackson, an Obama appointee, ruled that the approval letters that had been sent to states like Iowa, Nebraska, West Virginia, Colorado and Tennessee by USDA Secretary Brooke Rollins, which approved pilot programs that removed soda from the list of acceptable products, be vacated.

“The idea that taxpayer funds should not be used to purchase junk food should not be controversial,” said a spokesperson for the USDA.

“USDA will not be backing down from the fight to Make America Healthy Again, including for families and communities reliant on SNAP,” they added.

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