National Group Sues To Stop SNAP Waivers

Updated: March 13, 2026 at 9:45 a.m.

Gov. Patrick Morrisey’s office released the following statement about the challenge to the SNAP Waivers.

“Taxpayer-funded benefits should support nutrition, not subsidize products like sugary soda that contribute to chronic disease, weaken our workforce, and drive up healthcare costs. While we do not comment on pending litigation, we are confident in the legality of our efforts to innovate within the SNAP program. We will continue working with our federal partners to defend these initiatives and improve health outcomes for West Virginia families.”

Original Story

A national group has sued the Trump administration over Supplemental Nutrition Assistance Program (SNAP) food waivers like the one granted to West Virginia.  

Last May, Gov. Patrick Morrisey requested a waiver to remove sugary drinks from the foods that SNAP recipients could purchase. The American Heart Association supported the request. It was granted in August and the change went into effect on Jan. 1.  

Now, the National Center for Law and Economic Justice has filed suit in federal court to stop the waivers. Colorado, Iowa, Tennessee and Nebraska have similar program waivers and all five states are named in the lawsuit.  

According to a statement from the group, “These food restriction waivers were introduced under a provision that allows for experimental “demonstration projects” to test changes to improve SNAP and better support SNAP recipients.” 

The suit alleges that regulations require the USDA to provide notice and allow public comment before approval of new demonstration projects, but that didn’t happen.  

It says the USDA is using this as a backdoor method to restrict the SNAP program. 

According to the statement, for more than 60 years, a simple and stable definition of “food” has allowed SNAP participants to buy the groceries they need without confusion or complication but with this move “the USDA has taken steps to scale back SNAP benefits by granting food restriction waivers.“  

Approximately 275,000 people in West Virginia, or about 16% of the population, receive the benefits. 

Morrisey’s office did not respond to a request for comment by deadline.