Soft drinks, candy likely to be axed from SNAP list

Montana Gov. Greg Gianforte submitted a waiver to the federal government to restrict some food purchases through the Supplemental Nutrition Assistance Program including “soft drinks, junk food and candy.”

The waiver was created under the Trump Administration as it seeks to “Make America Healthy Again” through various initiatives, also spearheaded by Robert Kennedy Jr., the Secretary of Health and Human Services.

If approved, Montana would join more than 20 other states either in process of or taking steps to remove soft drinks and candy from its SNAP offerings.

Montana’s request waiver would not impact fresh baked products eligible for SNAP dollars – often referred to as “food stamps” –  according to a press release from the Governor’s Office.

In a letter from Gianforte to U.S. Secretary of Agriculture Brooke Rollins, he wrote the waiver was looking to reduce high-sodium foods and increase the amount of produce consumed. There has been some concern over federal cuts to programs that provide access to certain fresh produce, specifically through farmers markets.

The governor’s office did not release the text of the Montana waiver but, said it, “introduces categories for restricted items, including a standardized definition of candy and prepared desserts, such as packaged snack cakes, while specifically protecting access to protein bars and fresh baked goods.

According to the release, the waiver also targets beverages exceeding 10 grams of sugar per 8 ounces and energy drinks.

An Oklahoma SNAP waiver, which has pursued similar rules, reads that candy does not include, “Baked goods, such as cakes, cookies, muffins, brownies, pastries, bread, or similar products that are typically subject to Cottage Food Laws or Food Freedom Laws; Items primarily identified and sold as bakery or bread products, regardless of sweetener content.”

Additionally, the Oklahoma waiver states that soft drinks do not include coffee or unsweetened tea, 100% fruit or vegetable juice and milk.

Some critics in other states have likened proposals to penalizing those in poverty, saying they should have the same rights as Americans who don’t rely on SNAP. There’s also been concern it could be expensive for retailers to enact and difficult to enforce.

Montana pursued state legislation during the 2025 session, as Sen. Daniel Zolnikov, R-Billings, introduced Senate Bill 354, which would have banned soft drinks and candy from being purchased with SNAP benefits. That bill passed the Senate, but died in a House Committee.

“This waiver is a critical step in addressing the growing concern of diet-related chronic conditions across our state,” Montana Department of Public Health and Human Services Director Charlie Brereton said in a press release. “By aligning SNAP purchases with national dietary guidelines, we are directly supporting Montana’s goal to reduce the consumption of sugary drinks, candy, and other foods that contribute to adverse health outcomes, including obesity and Type 2 diabetes.”

In the letter, Gianforte wrote the obesity rate in Montana is 31%, with 32% of the state suffering from hypertension.

“We know that a healthy diet is key to improving outcomes,” the letter reads. “By reducing high-sodium foods and increasing the amount of produce consumed, we can ensure Montanans live happier, healthier lives. The items proposed for restriction are strongly associated with obesity, Type 2 diabetes, and cardiovascular disease.”