Colorado SNAP soda ban on hold, but Gov. Polis plans order to end state spending on sugary drinks and alcohol

Meg Wingerter, The Denver Post on Apr 3, 2026

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DENVER — Colorado’s proposed ban on allowing the largest food assistance program to pay for soft drinks is on hold while a lawsuit against the federal government plays out, but Gov. Jared Polis is planning an executive order to limit state soda purchases.

The proposed change would prevent the Supplemental Nutrition Assistance Program, formerly known as food stamps, from paying for sweetened beverages unless they contain milk or at least 50% juice. People could still use SNAP to buy chocolate milk, unsweetened seltzers and some juice drinks, but not regular or diet sodas.

Five individuals, including one Colorado resident, sued the U.S. Department of Agriculture last month for approving “waivers” that allowed 22 states to ban SNAP from paying for soft drinks and, in some cases, candy.

The plaintiffs argued that USDA didn’t follow the appropriate process before approving a major change, and that it would harm their health because they rely on sodas to manage low blood sugar or maintain energy during the day.

Staff for the Colorado Department of Human Services told members of the state Board of Human Services at a meeting Friday morning that they wouldn’t bring the proposed change, known as the Colorado Healthy Choice waiver, for a final vote until they see how federal courts will respond.

Polis acknowledged in an interview Friday morning that he was working on an executive order to end state spending on sugary drinks and alcohol, which he said he would issue in a few weeks. State agencies are still discussing what they can do, within the constraint that executive orders can’t involve spending money. The order wouldn’t involve removing options from vending machines where state employees spend their money, he said.

At the end of the board’s seven-hour March meeting, Department of Human Services Executive Director Michelle Barnes announced, apparently without permission, that Polis was pursuing an executive order so that the state government could “lead by example.”

“We’ve been persuaded this does feel like we’re only doing this to low-income people,” she said of the SNAP limits, according to a recording of the meeting. “We shouldn’t be buying (sweetened drinks) either.”

Polis didn’t directly answer whether he could order the change to SNAP if the board opted not to move forward. Adding a ban on most sweetened beverages would allow Colorado to keep working on other changes, such as allowing SNAP to pay for hot foods, which would otherwise be “dead in the water” at the USDA, he said.

“We are very optimistic that the board will approve the SNAP waiver,” he said.

But the board hasn’t shown much enthusiasm for the waiver, and an unofficial poll at the March meeting found four members opposed, three in favor and two undecided. They opted to delay an official vote and instructed state officials to bring a package of reforms that wouldn’t disproportionately hit low-income people.

The board had initially planned to take that final vote at its April meeting, but it has until August to make a choice.

The Colorado Medical Society has spoken in favor of the waiver as a way to prevent chronic diseases. Anti-hunger groups said the change would create confusion and increase stigma against people who use SNAP.

The change wouldn’t save Colorado money in the short term, because recipients would still get the same amount to spend on other foods and beverages.

Simulations project savings for states over time, based on a possible reduction in type 2 diabetes and other weight-related health conditions, but real-world evidence is lacking, since states only started limiting soft-drink purchases in January.

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