What’s changing
Four kinds of items come off the SNAP list. The state’s definitions decide what’s in and what’s out.
Candy
Soft drinks
Energy drinks
Sweetened drinks
Stays the same
- Your SNAP benefit amount and eligibility.
- Your EBT card works the same way for everything else.
- You can still buy any of these items with cash or another payment.
- WIC foods are not affected.
What’s new
- The rules apply at every SNAP store in South Carolina, including grocery, dollar and convenience stores.
- Households can’t opt out.
- The pilot is set to run for two years.
Questions or a problem at the register?
Who’s behind it, the court fight, and who feels it
How it got here
- Aug.–Sept. 2025Gov. Henry McMaster announces he’ll seek a federal waiver, then signs an executive order directing DSS to apply.
- Dec. 2025USDA Secretary Brooke Rollins approves South Carolina’s waiver, announced with HHS Secretary Robert F. Kennedy Jr. as part of the “Make America Healthy Again” push.
- Mar. 2026Five SNAP recipients in Colorado, Iowa, Nebraska, Tennessee and West Virginia sue USDA (Aragon v. Rollins).
- June 22, 2026A federal judge rules USDA overstepped its authority and throws out the waivers in those five states. USDA says it will keep fighting.
- Aug. 2026USDA asks South Carolina to wait until Nov. 1 while its lawyers review the court ruling. The original start date was Aug. 31.
- Nov. 1, 2026Healthy Food SC takes effect statewide.
The court case, in plain terms
The plaintiffs, represented by the National Center for Law and Economic Justice, argued USDA skipped required public notice and stretched a law meant for making SNAP run more efficiently into a tool for banning foods. Judge Amy Berman Jackson agreed. South Carolina wasn’t part of that case, so its rules stand for now. They rest on the same legal footing, though, so a similar lawsuit or the outcome of USDA’s fight could change things here. I’ll update this page if it does.
The two sides
Supporters say
Taxpayer-funded benefits shouldn’t pay for junk food, and steering purchases toward healthier options can help with obesity and diabetes.
Critics say
The rules confuse shoppers and cashiers, limit families’ choices, and haven’t been shown to improve health. Grocery and convenience-store groups have also objected.
Who feels it beyond the checkout line
| Industry | What’s happening |
|---|---|
| Candy makers Hershey, Mondelez | Early analyst data shows chocolate candy sales growing more slowly in states with restrictions. Hershey says the hit so far is within what it expected. |
| Soda and energy drinks Coca-Cola, PepsiCo, Keurig Dr Pepper, Monster | One research firm estimates up to $830 million in lost food and beverage sales nationwide this year. Keurig Dr Pepper expects many shoppers to keep buying soda with their own money. Diet and zero-sugar drinks stay allowed here. |
| Stores Walmart, dollar stores, convenience stores | SNAP is about 12% of U.S. grocery spending, and discount and convenience stores rely on it most. They also carry the work of reprogramming registers. |
| Possible winners | Analysts point to protein, dairy and egg producers, which fit the push toward less-processed food. |
For these companies, broader federal SNAP cuts matter more than these purchase rules. This section is general background, not investment advice.
Sources: S.C. Department of Social Services, Healthy Food SC; DSS restricted-item definitions (PDF); USDA SNAP food restriction waivers; Covington on Aragon v. Rollins; WIS; CNBC; Food Dive; Supermarket Perimeter; Capstone.