Arkansas residents, retailers and advocacy groups have until Oct. 15 to comment on the state’s already-active limits on using Supplemental Nutrition Assistance Program benefits for soda, candy and several categories of sweetened drinks. The U.S. Department of Agriculture notice, published Sept. 15, creates a formal record for a policy Arkansas began enforcing July 1.
The review matters because a federal judge invalidated similar approvals for Colorado, Iowa, Nebraska, Tennessee and West Virginia in June. Arkansas was not a party to that case, so its rules remain in effect. But the decision found that USDA had relied on the wrong statutory authority and had failed to publish required advance notice for the five challenged demonstrations, according to the court’s opinion.
What Arkansas shoppers can and cannot buy
Under the federal approval and its 2026 modification, SNAP benefits in Arkansas cannot be used for regular, low-calorie or diet soda; fruit or vegetable drinks containing less than 50% juice; energy drinks and other drinks classified by the state as unhealthy; or candy. The two-year demonstration is scheduled to run through June 30, 2028.
The restriction does not reduce a household’s benefit amount or make the listed products illegal. It changes only which purchases can be paid for with SNAP. Arkansas’ Department of Human Services guidance says affected items may still be bought with cash or another form of payment, while products such as 100% juice, milk and unsweetened sparkling water remain eligible.
Why USDA is asking now
The timing follows the June ruling in Aragon v. Rollins. U.S. District Judge Amy Berman Jackson concluded that Section 17(b) of the Food and Nutrition Act authorizes pilots aimed at program administration and benefit delivery, not blanket food-category bans designed to improve health. She also held that USDA should have published Federal Register notices at least 30 days before the challenged programs began because they were likely to have a significant public impact.
USDA has appealed that ruling. An analysis from the National Agricultural Law Center notes that the judgment did not directly reach Arkansas, while warning that the successful challenge could provide a roadmap for litigation against other state waivers.
The new Arkansas notice does not say enforcement is suspended. Instead, USDA says it will review comments about implementation and operation and take appropriate action if necessary. Comments submitted through Regulations.gov will be public, including the commenter’s identity and the substance of the submission.
For Arkansas households, the practical rule is unchanged for now: check whether an item is SNAP-eligible at checkout and be prepared to separate payment for restricted products. For the state and USDA, the comment period builds a record that could shape administrative changes—or become evidence in the next legal challenge.
