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W.Va. Governor’s Office disappointed in ruling pausing SNAP waiver banning soda purchases

West Virginia Gov. Patrick Morrisey provides an update on the federal Rural Health Transformation during an event in Parkersburg in May. (Photo courtesy of West Virginia Governor’s Office)

CHARLESTON – The office of Gov. Patrick Morrisey expressed disappointment in a federal ruling pausing West Virginia’s waiver prohibiting the use of welfare benefits for sugary drinks and sodas.

The U.S. District Court for the District of Columbia released a memorandum opinion Monday halting the implementation of Supplemental Nutrition Assistance Program (SNAP) waivers approved by the U.S. Department of Agriculture for five states: Colorado, Iowa, Nebraska, Tennessee, and West Virginia.

These waivers restricted the purchase of certain items like soda and candy. The legal challenge was brought in March by SNAP participants against the U.S. Department of Agriculture.

U.S. District Judge Amy Berman Jackson ruled that Secretary of Agriculture Brooke Rollins exceeded her statutory authority by approving these projects under a provision meant for administrative efficiency rather than health-based restrictions. The court also found the USDA failed to follow mandatory notice procedures, as the projects were likely to have a significant impact on the public.

“The Court’s analysis should not be taken as a comment on whether the pilot projects are a good idea or not,” Jackson wrote. “That is a question of policy that is not before the Court. The federal defendants and the states may have a genuine desire to improve the health of SNAP households by encouraging healthy choices at the store, and they can take lawful steps to meet those goals. But what they cannot do is violate the law and their own regulations along the way.”

Lars Dalseide, communications director for Gov. Patrick Morrisey, issued a statement Wednesday morning saying Monday’s decision would not discourage the administration from working to improve the health of West Virginians.

“We are disappointed by the court’s decision but remain convinced that precious taxpayer subsidized resources should only be spent on healthy, nutritious food for those who need help the most,” Dalseide said. “Our commitment to improving the health of West Virginians has not changed, and we will continue to advance commonsense policies that encourage healthier choices and better outcomes.”

Morrisey joined Rollins and U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. in Washington, D.C., for an August 2025 signing ceremony for West Virginia’s SNAP waiver. West Virginia was one of six states that had its SNAP waivers approved by Rollins at that event.

“There’s no way around it when it comes to West Virginia. Unfortunately, we’re ranked at or near the bottom of a lot of the tough public health metrics,” Morrisey said. “Now, that’s the bad news, and I believe in telling the truth to the American people about where we are, because that’s going to make the rise all the more better when West Virginia is able to reach her potential and to get healthy again. The good news today is that we all have the power to change it.”

Morrisey submitted a formal waiver request to the USDA in May 2025 to remove regular, diet and sugar-free soda as food products that can be purchased on SNAP, the program that replaced food stamps.

According to the waiver request, there are 146,458 households and 273,981 individual recipients receiving SNAP benefits in West Virginia.

Morrisey’s focus on SNAP is part of his “Four Pillars of a Healthy West Virginia.” Those pillars include a ban on food dyes and additives with the passage of House Bill 2354 during this year’s legislative session (a law that is on pause due to a separate federal judicial ruling), increasing access to affordable healthy food choices for West Virginians, and the Mountaineer Mile challenge with Mountain Mile Trails being designated in 32 of West Virginia’s state parks.

Encouraging healthy lifestyles among West Virginians is also a priority of the first tranche of the nearly $200 million federal Rural Health Transformation program. The state’s program focuses on seven core initiatives, including a Personal Health Accelerator, an initiative to build statewide wellness infrastructure and incentivize nutrition, physical activity, and “food as medicine” programs.

Steven Allen Adams can be reached at sadams@newsandsentinel.com.

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