Individuals receiving SNAP benefits are suing the USDA over its signing of waivers that restrict what food can be bought using the benefits.

The National Center for Law and Economic Justice (NCLEJ), and law firm Shinder Cantor Lerner filed the suit asking the court to block waivers in Colorado, Iowa, West Virgina, Tennessee, and Nebraska.

Katharine Deabler-Meadows, Senior Attorney at NCLEJ said those states represent a fraction of the 22, including Indiana, that have waivers restricting purchases on candy, soda, and more.

“There are limited purposes for which USDA is allowed to approve waivers like this, and there are certain procedures that they are supposed to follow in making those approvals,” she said. “And neither of those things happened with any of these 22 waivers, including Indiana’s.”

The USDA approved Indiana’s waiver in May last year after Gov. Mike Braun signed an executive order directing the Family and Social Services Administration (FSSA) to request federal permission to make the changes. It took effect on Jan. 1 this year.

Deabler Meadows said in some cases, these restrictions prevent people from getting products they need for medical purposes.

“One of our plaintiffs from Iowa, Mr. Craig, he has chronic kidney disease,” she said. “He needs to buy Gatorade and Pedialyte to maintain the hydration that he needs to make sure his kidney function does not continue to decline. He can't use snap to buy Gatorade or Pedialyte under Iowa's waiver.”

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