Soda again eligible for purchase using SNAP following federal court order

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CHARLESTON, W.Va. — The West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, announced that it is discontinuing implementation of West Virginia’s Supplemental Nutrition Assistance Program (SNAP) Healthy Choices waiver while the state and the U.S. Department of Agriculture Food and Nutrition Administration evaluate next steps in response to Aragon v. Rollins, No. 26-861 (D.D.C. June 22, 2026).

The Healthy Choices waiver was approved by the USDA Food and Nutrition Administration and was intended to encourage healthier beverage choices by removing sweetened, carbonated beverages from SNAP-eligible purchases.

Following a federal district court decision issued June 22, 2026, the USDA Food and Nutrition Administration directed participating states to discontinue implementation of approved SNAP Healthy Choices waivers. As a result, sweetened, carbonated beverages are currently eligible for purchase using SNAP benefits in West Virginia, effective immediately.

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 cards without interruption.

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

Fred Eberle Technical Center

Questions regarding the SNAP Healthy Choices waiver may be directed to the DoHS Office of Constituent Services at 1-877-716-1212 or by email at DoHSPublicComments@wv.gov. Retailers seeking technical assistance may contact bfasnapretailer@wv.gov.

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