Food stamp recipients sued the Department of Agriculture on Wednesday to undo Trump administration efforts to prevent them from using benefits to buy products such as sugary drinks, energy drinks and candy.
In a complaint filed in the Washington, D.C. federal court, five plaintiffs said the restrictions "destabilize food access" for participants in the Supplemental Nutrition Assistance Program in the 22 states where the department has approved "food restriction" waivers. Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. have endorsed the waivers as part of the "Make America Healthy Again" movement.
The plaintiffs – who live in Colorado, Iowa, Nebraska, Tennessee and West Virginia – said they or family members rely on the restricted foods to manage health conditions such as diabetes and allergies, or to obtain energy boosts needed to conduct their daily lives.
They said the waivers cause confusion at the checkout line and cause irreparable harm by forcing them to choose between spending cash on restricted items, or forgoing spending on basics such as rent and transportation. One plaintiff, Amanda Johnson of Knoxville, Tennessee, said letting her state's waiver take effect would restrict her autistic 19-year-old daughter to only three "safe" foods and beverages – one of which is bottled water – because of a serious eating disorder.
Johnson said her daughter's other six safe foods, including M&M's and Welch's fruit punch, would be ruled out.
A spokesperson for the Agriculture Department said the agency does not discuss pending litigation.
The lawsuit said the USDA exceeded its legal authority by approving waivers without conducting "reasoned decision-making," and seeks to void the waivers. The plaintiffs are represented by the nonprofit National Center for Law and Economic Justice, which advocates on behalf of low-income people, and a private law firm.
The MAHA movement has promoted a revision of U.S. dietary guidelines and other causes including the curbing of childhood vaccines.
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