The USDA Food and Nutrition Service (FNS) has approved a request from the Nebraska Department of Health and Human Services to launch a “demonstration project” that restricts what can be purchased with SNAP benefits.
Starting January 1, 2026, Nebraska will implement a statewide ban on using SNAP benefits to buy specific types of beverages. This pilot program will run for two years.
What is Changing?
Unlike other state proposals that target food, Nebraska’s ban is focused strictly on carbonated sugary drinks and energy drinks. The state is amending the definition of “eligible food” to exclude these items.
Here is the breakdown of what is changing:
| Category | ❌ No Longer Eligible (Banned) | ✅ Still Eligible (Allowed) |
|---|---|---|
| Sodas & Pop | ❌ Carbonated Soft Drinks: Any non-alcoholic beverage that contains carbonation, water, flavoring, and a sweetening agent (sugar, high-fructose corn syrup, or artificial sweeteners). Examples: Coke, Pepsi, Mountain Dew, Dr. Pepper. | ✅ Non-Carbonated Drinks: Because the ban definition specifically specifies “carbonated,” flat drinks like lemonade, fruit punch, juice or flavored waters (without bubbles) appear to remain eligible. ✅ Seltzer: Plain carbonated water (without sweeteners) is likely allowed, but sweetened sparkling waters may be banned. |
| Energy Drinks | ❌ Stimulant Beverages: Any drink (carbonated OR non-carbonated) containing stimulants like fortified caffeine, guarana, taurine, or ginseng. If it is marketed to “enhance energy, alertness, or physical performance,” it is banned. Examples: Red Bull, Monster, Rockstar. | ✅ Sports Drinks: The waiver explicitly exempts beverages marketed primarily for hydration. Brands like Gatorade and Powerade are safe to buy. |
| Food & Sweets | All Food: You can still purchase all standard food items, including snacks, desserts, and baking ingredients. |
Who is Affected?
Every SNAP shopper in Nebraska will be affected by this. The waiver explicitly states that this applies to 100% of the Nebraska SNAP population.
You cannot choose to skip these restrictions; they apply automatically to all EBT purchases in the state.
Things You Need to Know
The 8-page approval letter outlines several protections and tracking measures that recipients should be aware of:
Out-of-state shopping is being tracked. The state will track transactions made in border states (Iowa, Missouri, Kansas, Wyoming, Colorado, South Dakota). They want to see if recipients cross state lines to buy soda and energy drinks.
Shopping out of state is still OK. The document explicitly states: “Clients’ out of State transactions will not be used as a primary indicator of fraud or negatively impact SNAP eligibility.” You are allowed to shop out of state without penalty.
You do not have to participate in surveys. The state plans to use the “SNAP-Ed” program to offer nutrition support and track health outcomes.Participation in SNAP-Ed classes and any associated surveys or interviews is voluntary. You can opt out of these surveys without affecting your benefits.
How to Prepare
Since the ban focuses entirely on what you drink, preparation is simpler:
- Check Your Drinks: If you drink beverages, check the labels. If it says “Energy,” it will likely be blocked. If it says “Hydration” (like Gatorade) or is a natural coffee product (without added guarana/taurine supplements), it may still pass.
- The “Fizz” Test: If you drink flavored beverages, remember the rule: Carbonation + Sweetener = Banned. If you switch to non-carbonated versions (like powdered drink mixes or jug juices), you can likely still use your benefits.
- Plan for Cash: If you absolutely prefer soda, calculate your weekly cost now and start budgeting that amount in cash.
Relief Recap
While losing the ability to buy soda with SNAP is a major change, it is important to remember what isn’t changing. Unlike other proposals, Nebraska is not banning candy, chips, or desserts—only specific beverages. Furthermore, this pilot does not start until January 2026. Your benefits remain safe, and shopping across state lines remains a protected right that will not flag your account for fraud.
This article was drafted with AI assistance and fully fact-checked by Nicole Thelin. Learn more about our Responsible AI Use Policy.