Tuesday, 23 June 2026

Latest from Food Politics: Oops. District Court in DC says USDA's state SNAP waivers are illegal

Yesterday, a US District Court in the District of Columbia ruled that the USDA violated its own laws when it approved SNAP food restriction waivers allowing states to ban purchases of sodas and some other foods using their Electronic Benefit Cards (they ...
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By Marion Nestle

Oops. District Court in DC says USDA’s state SNAP waivers are illegal

Yesterday, a US District Court in the District of Columbia ruled that the USDA violated its own laws when it approved SNAP food restriction waivers allowing states to ban purchases of sodas and some other foods using their Electronic Benefit Cards (they can still buy those foods using their own money).

The decision makes riveting reading, as shown in these excerpts.

USDA used the wrong statute

The section of the statute the Secretary relies upon as authorization to approve the projects at issue, 7 U.S.C. § 2026(b), does not cover projects aimed towards improving the health of SNAP recipients, and the agency sidestepped the section of the statute that does address those projects, section 2026(k) – which sets out strict requirements they must meet – entirely.

USDA waived more than was allowed

With her solicitation and approval of the pilot projects in this case, the Secretary purports to waive not just a mere administrative or technical obstacle, but the very definition of “food” as it was laid down by Congress.  Neither the USDA nor the states can force this square peg into a round hole to avoid the plain language of the statute and the requirements of 2026(k).

USDA did not follow its own procedures

Defendants also failed to abide by the notice requirement of their own regulation, 7 C.F.R. § 282.1(b), which requires the USDA to post notice of pilot projects in the Federal Register thirty days before implementation if they are likely to have a significant impact on the public.  The agency’s terse statement that the pilot projects would not have a significant impact 3 on the public is entitled to little deference and it is directly contrary to the facts in the administrative record.

These reasons are strictly procedural

The Court’s analysis should not be taken as a comment on whether the pilot projects are a good idea or not.  That is a question of policy that is not before the Court.  The federal defendants and the states may have a genuine desire to improve the health of SNAP households by encouraging healthy choices at the store, and they can take lawful steps to meet those goals.  But what they cannot do is violate the law and their own regulations along the way.

The waivers are now remanded (sent back to USDA) and vacated (annulled).  The judgment says orders to USDA will follow.

In the meantime, Jerry Hagstrom reports that the USDA is downgrading administrative oversight of SNAP.

The Trump administration ended the Agriculture Department mission area status of the federal nutrition programs as part of its broad reorganization, according to a little-noticed explanation published alongside the establishment of the Food and Nutrition Administration.

Eliminating the mission area also apparently allows for the elimination of the positions of agriculture undersecretary for food, nutrition and consumer services and the deputy administrator.

What does this mean?  As Hagstrom explains,

A House Democratic aide said that aligning the structure of the nutrition programs with other benefit programs would make it easier to move FNA to HHS if the Trump administration should try to follow the Project 2025 guidance.

Cindy Long, a deputy undersecretary for food, nutrition and consumer services in the Biden administration and before that the administrator of Food and Nutrition Service, said in an email, “This change would represent an abdication of the secretary’s responsibility for FNS programs, which comprise over 75% of the USDA budget.” (Translation: this means SNAP).

As I’ve said previously, the USDA’s SNAP waivers have nothing to do with health, but everything to do with getting more people off of SNAP rolls.

Why do I think this?  Here’s the headline from ProPublica: More Than 770,000 Children Are No Longer Receiving SNAP Benefits After Trump Changes Federal Food Program.

____

Thanks to Cathy Nonas, Jerry Mande, and Jerry Hagstrom for providing documents and info for this post.

The post Oops. District Court in DC says USDA’s state SNAP waivers are illegal appeared first on Food Politics by Marion Nestle

Now Available: What to Eat Now

My new book, What to Eat Now, is officially out!

It's both a field guide to food shopping in America and a reflection on how to eat well—and deliciously.

For more information and to order, click here.

You can explore the full archive of this (almost) daily blog at foodpolitics.comwhere you'll also find information about my books, articles, media interviews, upcoming lectures, favorite resources, and FAQs.


​​​​​​​

Marion Nestle

Paulette Goddard Professor of Nutrition, Food Studies, and Public Health at New York University, Emerita


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Monday, 22 June 2026

Medtronic Proudly Supports Trach Awareness Week Project Celebrate

Latest from Food Politics: Industry funded study of of the week: raspberries

Who knew raspberries were an industry.   As it happens, every food has its own industry, each more desperate than the next to prove it is a superfood so you will buy it and not its competing foods. Here’s how I heard about this one: Red raspberries ...
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By Marion Nestle

Industry funded study of of the week: raspberries

Who knew raspberries were an industry.  As it happens, every food has its own industry, each more desperate than the next to prove it is a superfood so you will buy it and not its competing foods.

Here’s how I heard about this one:

Red raspberries linked to better blood sugar control and memory in older adults:  Adding a cup of red raspberries to a carbohydrate‑rich meal may help curb post‑meal glucose and insulin spikes while supporting short-term cognitive performance in older obese or overweight adults…. Read more

As always, I went right to it:

  • The study: Xiao D, Shukitt-Hale B, Rutledge GA, Fisher DR, Edirisinghe I, Burton-Freeman B. Red raspberry improves postprandial metabolic indices and cognitive function in older adults who are overweight or have obesity. British Journal of Nutrition. Published online 2026:1-13. doi:10.1017/S0007114525105497
  • Method:“This randomised, single-blinded, controlled crossover study evaluated the acute metabolic and cognitive effects of RRB intake in older adults (55–70 years) with overweight/obesity.
  • Conclusion: “These findings suggest that acute RRB supplementation attenuated postprandial metabolic stress, reduced markers of neuroinflammation and improved cognitive performance, supporting RRB’s potential role in a dietary strategy for ageing populations.”
  • Acknowledgments: “This work was supported by the National Processed Raspberry Council and the Washington Red Raspberry Commission (WA, USA). The authors thank Van Drunen Farms (Momence, IL, USA) for providing the freeze-dried red raspberry powder used in this project…The authors declare no conflicts of interest.

Comment: Et tu, raspberries?  They are coming into season on my Manhattan terrace and I do love to go out in the morning and pick them for breakfast in the week or so that they produce fruit.  I’ll take whatever short-term cognitive benefit they convey.  But c’mon.  Can one fruit, no matter how delicious, organically grown, local, and seasonal deliver on such promises?  Seems like a lot to ask.  And I continue to be amazed that the researchers see no conflict of interest in having their study funded by raspberry trade groups, when so much evidence demonstrates commercial funding to influence research outcome.  This is one of those studies where I could predict the funder from the title, and predict the outcome from knowing the funder.

 

The post Industry funded study of of the week: raspberries appeared first on Food Politics by Marion Nestle

Now Available: What to Eat Now

My new book, What to Eat Now, is officially out!

It's both a field guide to food shopping in America and a reflection on how to eat well—and deliciously.

For more information and to order, click here.

You can explore the full archive of this (almost) daily blog at foodpolitics.comwhere you'll also find information about my books, articles, media interviews, upcoming lectures, favorite resources, and FAQs.


​​​​​​​

Marion Nestle

Paulette Goddard Professor of Nutrition, Food Studies, and Public Health at New York University, Emerita


© Marion Nestle. You're receiving this email because you've signed up to receive updates from us.

If you'd prefer not to receive updates, you can unsubscribe.


Latest from Food Politics: Oops. District Court in DC says USDA's state SNAP waivers are illegal

Yesterday, a US District Court in the District of Columbia ruled that the USDA violated its own laws when it approved SNAP food restrictio...