Beginning New Year’s Day, West Virginian residents who rely on the federal Supplemental Nutrition Assistance Program can no longer use their benefits to purchase soda.
The state’s SNAP ban includes regular soda, diet soda and zero-calorie soda, but does not include water, milk, juice and energy drinks. The state defines soda as “any carbonated, non-alcoholic beverage that contains water, a sweetening agent, flavoring, and carbon dioxide gas to create carbonation.
The Trump administration approved West Virginia’s SNAP soda ban waiver along with that of several other states this year.
The SNAP changes are one part of U.S. Health and Human Services Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” agenda. West Virginia was one of the first states in the nation to pass a sweeping ban of artificial dyes in foods sold in grocery stores and restaurants, another part of the MAHA agenda. The state also banned the use of some artificial food dyes in school lunches.
The SNAP soda ban is also part of a health initiative from Gov. Patrick Morrisey called the “Four Pillars of a Healthy West Virginia.” Other pillars included prohibiting the sale of certain food dyes in the state, and the “Mountaineer Mile” challenge to walk at least a mile a day. The governor has said the changes are “long overdue.”
“I’m happy now that in West Virginia, taxpayers are not going to be subsidizing soda and these sugary drinks — things that have no nutritional value and are directly linked to obesity, diabetes, a lot of other terrible health care outcomes,” Morrisey said during a news conference in August.
Retailers who accept SNAP have been required to change their point of sale systems, which can cost up to thousands of dollars, Traci Nelson, president of the West Virginia Oil Marketers and Grocers Association told West Virginia Watch over the summer.
Speaking to reporters last week, West Virginia Department of Human Services Secretary Alex Mayer said the department has been working with the state retailers association and federal Department of Agriculture to prepare for the change.
“We meet with the Retailers Association regularly,” Mayer said. “So, what the team has been telling me is that the retailers are on board, and that there’s been progress, and that there’s been no indication that they’re not going to be prepared for that Jan. 1 date.”
Representatives for the West Virginia Retailer’s Association and the West Virginia Oil Marketers and Grocers Association did not return an email seeking comment last week.
Critics of restricting the use of SNAP benefits argue the bans may negatively impact the businesses of state retailers, particularly for retailers located along the state borders. SNAP recipients in border counties may cross state lines to purchase soda, taking business away from West Virginia retailers.
About one in six West Virginians receive SNAP benefits. The benefits equal less than $6 per day per person, according to the West Virginia Center on Budget and Policy. In 2024, SNAP brought more than $500 million in federal food benefits to about 2,200 authorized West Virginia SNAP retailers, the center said.
The state Department of Humans Services told West Virginia Watch it will not enforce the ban on out-of-state soda purchases.
“SNAP applicants, and applicants for all benefit programs administered by the West Virginia Department of Human Services (DoHS), have always been required to sign the Rights & Responsibilities form,” Angelica Hightower, a spokeswoman for the Department of Human Services, wrote in an email. “Soda will be designated as a non-eligible item under West Virginia’s newly approved waiver, however, the [Rights and Responsibilities] form does not reference or apply to purchases made in other states.”
West Virginia’s SNAP waiver allows the state to restrict soda for two years, ending Dec. 31, 2027. The state may request three annual extensions after that for a total of up to five years. As part of the evaluation process, the state will collect responses to a survey about the ban next year.
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
