- On March 4, 2026, Agriculture Secretary Brooke Rollins and Health and Human Services (HHS) Secretary RFK, Jr., announced that the US Department of Agriculture (USDA) has approved waivers for four more states to bar consumers from purchasing “unhealthy” foods and beverages under the Supplemental Nutrition Assistance Program (SNAP).
- Kansas, Nevada, Ohio, and Wyoming now join the 18 other states who have received similar waivers to amend the definition of “food for purchase” under SNAP to prohibit purchases of candy, energy drinks, sodas, and other high-sugar products.
- As we previously reported in January, retailers expressed concern with complying with these waivers, urging USDA to “allow for a reasonable margin of error and to ensure that inadvertent, minor mistakes, such as those resulting from labeling changes, seasonal products, or products that fall within ambiguous or overlapping category definitions, do not trigger punitive actions.” It does not appear that USDA responded to this request.
- Keller and Heckman will continue to provide updates on MAHA-related legislation and policies.