So far, the USDA has signed 22 waivers that allow states to implement restrictions on what foods can be purchased using federal SNAP benefits. These restrictions include soda, sugar-sweetened beverages, candy, energy drinks, and more.

The nonprofit National Center for Law and Economic Justice and law firm Shinder Cantor Lerner filed the lawsuit in the District of Columbia federal district court Wednesday on behalf of five SNAP recipients. The plaintiffs are based in Colorado, Iowa, West Virginia, Tennessee, and Nebraska, and the suit specifically asks the court to block the waivers in these states.

The plaintiffs allege the USDA is attempting to shrink the SNAP program by allowing a patchwork of state restrictions that narrow the definition of “food.” It also argues the agency violated the Administrative Procedure Act by not following the proper notice and comment procedure before approving these waivers.

A USDA spokesperson said the agency would not comment on pending litigation.

These SNAP waivers are tied to the administration’s Make America Healthy Again (MAHA) agenda and are backed by MAHA leaders like Health Secretary Robert F. Kennedy Jr. Supporters argue these waivers prevent taxpayer dollars from going to “junk food.”