Trump administration faces lawsuit over ban on sugary foods from SNAP benefits
The Trump administration is being sued over a USDA waiver that allows five states to limit SNAP benefits due to the purchase of sugary foods.
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A bipartisan group of lawmakers has joined forces on a bill that would expand access to the popular grocery store staple, aptly dubbed the “Hot Rotisserie Chicken Act.”
Introduced by Senator Jim Justice (R-West Virginia). John Fetterman, Democrat, Pennsylvania. Shelley Moore Capito, Republican of West Virginia. Colorado Democrat Michael Bennet said the bill would allow Supplemental Nutrition Assistance Program (SNAP) recipients to use their benefits to buy the popular ready-to-eat chicken. Currently, SNAP is prohibited from purchasing hot, prepared food.
In a joint news release issued by Rep. Capito’s office, the lawmakers noted that under current law, you can’t buy a “warm” rotisserie chicken with SNAP benefits. However, “chilled” rotisserie chicken is possible.
“Congress should make it easier, not harder, for families to put food on the table,” Bennett said in the release.
In the same statement, Capito and Justice both said it is “simple, practical” and “common sense” to allow people to buy grocery essentials because of their ease of access and affordability.
“For seniors, working families, and people who don’t have reliable access to cooking equipment, this is about convenience and dignity,” Capito said.
The bill would amend the Food and Nutrition Act of 2008 and change the definition of food by adding “hot rotisserie chicken.” This does not increase funding or eligibility for SNAP, nor does it allow all hot food purchases to be included. We also do not extend purchasing power to restaurants or other retail locations outside of already approved options.
“The best (and delicious) affordable item in America is Costco’s $4.99 rotisserie chicken. It’s one of my family’s favorites, and I’m proud to join Senator Justice on this bill that allows everyone to try it,” Fetterman said. “SNAP funds will be put to good use to feed our nation’s families in need.”
The companion bill in the House is led by Representative Rick Crawford, Republican of Arkansas.
SNAP rules tighten, budget cuts underway under Trump administration
The Supplemental Nutrition Assistance Program, also known as “food stamps,” is a federal resource designed to help low-income individuals and families obtain nutritious food. We offer monthly benefits through electronic benefits transfer cards. This card works like a debit card that can be used to purchase groceries at authorized retailers such as supermarkets and convenience stores.
According to the U.S. Department of Agriculture, an average of 41.7 million people a month, or about 12.3% of the U.S. population, were using SNAP in 2024.
The Trump administration has set its sights on a similar option to SNAP during his second term, putting the program on an unprecedented pause for the duration of the government shutdown in late 2025.
Recipients in five states filed a lawsuit against the USDA in March over new restrictions on the program, alleging that states are violating the law by granting exemptions that prohibit them from purchasing foods and beverages containing “sugar.”
USA TODAY previously reported that the federal agency has approved such “food restriction” waivers in at least 22 total states, the first time in 60 years of denying states’ requests to limit SNAP foods under presidents of both parties.
The USDA previously said it could not waive Congress’s definition of “food” for purchases with SNAP benefits, allowing recipients to purchase anything other than alcohol, tobacco, hot or prepared foods, and personal care products.
According to a previous USA TODAY report, the Trump administration began granting exemptions in 2025 despite no changes to the law. USDA says these exemptions are granted under pilot project authority to test the health and nutritional effects of excluding some foods. But in 2007, the USDA issued a memo saying the authority the Trump administration was acting in could not be used to restrict food choices.
These restrictions are in addition to sweeping changes to the program passed in President Trump’s “One Big Beautiful Bill,” including stricter work requirements and an estimated $300 billion in funding cuts through 2034, according to the Congressional Budget Office.
Contributor: Sarah D. Wire, USA TODAY
