In April 2025, the Nebraska Department of Health and Human Services (DHHS) submitted a formal waiver request to the USDA Food and Nutrition Service (FNS) to prohibit the use of SNAP (Supplemental Nutrition Assistance Program) benefits for purchasing soda, soft drinks, and energy drinks containing added caloric sweeteners or stimulants.
The waiver was approved by the USDA in late 2025, making Nebraska the fourth state (after Oklahoma, Louisiana, and West Virginia) to implement a categorical restriction on certain sweetened beverages. The ban officially begins January 1, 2026, and is set to run for an initial two-year period (through December 31, 2027), with the possibility of up to three additional one-year extensions (totaling up to five years) if requested by June 30, 2027.
This change means that starting in 2026, SNAP recipients in Nebraska will no longer be able to use their EBT cards to buy soda, sweetened soft drinks, or energy drinks with stimulants at the register. This article explains the new rules in detail, what is and is not affected, how enforcement works, who is impacted, the state’s rationale, and practical advice for SNAP households in Nebraska.
Short Answer – Key Facts (Effective January 1, 2026)
- Effective date: January 1, 2026
- Duration: 2 years (2026–2027), extendable up to 5 years total
- Items banned: Soda, soft drinks (carbonated non-alcoholic beverages with sweeteners), and energy drinks (beverages containing stimulants like caffeine, guarana, glucuronolactone, taurine, or similar compounds designed to boost energy/alertness/performance)
- Enforcement: Automatic at point of sale – EBT system blocks the purchase
- Who is affected: All SNAP households in Nebraska (no opt-out or exemptions)
- Other sugary items still allowed: Candy, cookies, ice cream, sweetened yogurt, sugary cereals, fruit snacks, cakes, donuts, sports drinks marketed primarily for hydration (e.g., Gatorade)
- Reason: Evaluate impact on consumption, health, and behaviors; promote healthier choices and outcomes
- Status: Waiver approved by USDA in late 2025 after review of Nebraska’s April 14, 2025 request
Exact Definitions from the Approved Waiver
The final USDA-approved definitions are precise and focused:
Soft drinks / soda
“Any carbonated non-alcoholic beverage that contains water, a sweetening agent (including but not limited to sugar, high fructose corn syrup, or artificial sweeteners), flavoring, and carbon dioxide gas to create carbonation.”
Energy drinks
“Carbonated or non-carbonated beverages containing a stimulant such as fortified caffeine, guarana, glucuronolactone, or taurine. They may also include herbal extracts such as ginseng, mineral salts and vitamins, or high doses of organic acids, amino acids, inositol, sugars, or other similar compounds in addition to sweeteners. Juices or natural fruit pulp or concentrates may also be added. Energy drinks are specifically formulated to enhance energy, alertness, or physical performance.”
Exclusions (still SNAP-eligible):
- Beverages marketed primarily as sports drinks to increase hydration (e.g., Gatorade)
- Medically necessary nutritional products
- 100% fruit or vegetable juice (or >50% juice by volume)
- Milk, soy milk, almond milk, oat milk
- Unsweetened tea/coffee
- Diet/zero-sugar soft drinks
- Plain water, sparkling water
- Candy (not included in this waiver)
Note: Unlike Oklahoma and Louisiana, Nebraska’s approved waiver does not include candy — only soft drinks and energy drinks are restricted.
How the Ban Is Enforced
Enforcement is fully automated through the existing EBT infrastructure:
- Point-of-sale block: Retailers’ EBT systems read the product UPC code. If it matches a banned item in the USDA’s national database, the transaction for that item is declined.
- No manual override: Cashiers cannot bypass the block.
- Split payment: Customers can pay for banned items with cash, debit, or credit card, while using SNAP for the rest of the order.
- Database update: USDA updated the national UPC database in late 2025; stores were required to test the system before January 1, 2026.
- Error handling: If an eligible item is wrongly declined, contact Nebraska DHHS immediately for correction.
This is the same mechanism used for existing federal restrictions (alcohol, hot foods).
Who Is Affected in Nebraska?
- All SNAP households — all Nebraska SNAP participants (no opt-out or exemptions).
- No exemptions — the ban applies equally to working families, seniors, disabled individuals, children, and homeless recipients.
- Children’s purchases — Parents cannot buy soda or energy drinks for school lunches, treats, or parties using SNAP.
- Rural vs. urban impact — Rural areas with limited fresh food access may feel the change more acutely.
Why Nebraska Implemented This Ban
The DHHS waiver request (approved by USDA) cited the following reasons:
- Evaluation purpose: The project aims to assess the impact of excluding these beverages on SNAP participants’ consumption patterns, health outcomes, and behaviors, supporting healthier choices.
- Public health alignment: Nebraska seeks to promote nutrition and reduce reliance on non-nutritive sweetened beverages.
- USDA framework: Implemented under Section 17(b)(1)(B)(i) and (ii) of the Food and Nutrition Act as a demonstration project.
- Data collection: Nebraska will conduct surveys, interviews, POS data analysis, and SNAP-Ed participation tracking (voluntary for households) to measure effects.
Critics argue the ban is overly restrictive, ignores food access realities in rural Nebraska, and lacks strong evidence that restrictions change long-term behavior.
What Can You Still Buy with SNAP in Nebraska (Effective 2026)?
The restriction is narrow — only soft drinks and energy drinks are banned. All other SNAP-eligible foods remain fully purchasable:
- Fruits and vegetables (fresh, frozen, canned)
- Meat, poultry, fish, eggs
- Dairy (milk, cheese, yogurt, ice cream)
- Bread, rice, pasta, cereal (including sugary cereals)
- Beans, lentils, nuts, peanut butter
- Coffee, tea, bottled water, 100% juice
- Candy (chocolate, gummies, hard candy — still fully eligible)
- Cookies, cakes, donuts, brownies
- Baby food and formula
- Seeds and plants for home gardening
- Frozen meals, take-and-bake pizza
Practical Tips for Nebraska SNAP Recipients
- Check your cart before checkout — Many stores now display “SNAP ineligible” warnings for banned beverages.
- Bring backup payment — Have cash, debit, or credit ready for soda/energy drinks.
- Shop alternatives — Stock up on 100% juice, flavored water, unsweetened tea, or milk.
- Use farmers markets — Many double SNAP dollars on fresh produce.
- Appeal errors — If an eligible item is wrongly declined, contact Nebraska DHHS immediately.
FAQs
When does the Nebraska SNAP soda and energy drink ban start?
The ban begins January 1, 2026, following USDA approval of Nebraska’s April 14, 2025 waiver request.
Will the ban apply to everyone on SNAP in Nebraska?
Yes — the approved waiver has no exemptions. It applies to all recipients, including seniors, disabled individuals, children, and working families.
Can I still buy soda or energy drinks with SNAP after January 1, 2026?
No — EBT will automatically decline soft drinks and energy drinks with added caloric sweeteners or stimulants. You will need cash, debit, or credit to buy them.
What about diet soda, zero-sugar energy drinks, or unsweetened tea?
Diet/zero-sugar versions are not banned (no added sweeteners or stimulants). Unsweetened tea/coffee and 100% juice are also still eligible.
Does this affect candy or other sugary items?
No — candy, cookies, cakes, ice cream, sweetened yogurt, fruit snacks, and sugary cereals are not included in Nebraska’s ban (unlike Oklahoma and Louisiana).
Why did Nebraska request this waiver?
The state aims to evaluate the impact of excluding these beverages on consumption, health, and behaviors, supporting healthier choices and outcomes.
What if I disagree with the ban?
Contact Nebraska DHHS or advocacy groups for feedback and updates.
For eligibility or application help, visit snapeligibilitycalculator.com or call Nebraska DHHS.
This change marks a significant shift in SNAP policy in Nebraska. Stay informed through official DHHS communications.