Morrisey formally requests WV's food stamp program no longer pay for soda
West Virginia Gov. Patrick Morrisey has formally asked the federal government to disallow the state's food assistance program from paying for soda. Morrisey submitted a request for a waiver to the Supplemental Nutrition Assistance Program to make the change, the governor announced in a video message Tuesday.
'For a long time I've talked about the fact that SNAP — the N should stand for nutrition,' Morrisey said. 'Well, now it's going to, even more than you've seen in the past. We're promoting healthy bundles. That's fresh produce and lean meat, and good opportunities for some hot foods for West Virginians for some products that you've never been able to have before.'
Morrisey first announced the SNAP proposal during an event in March with federal Health and Human Services secretary Robert F. Kennedy Jr., who has promoted the idea of states prohibiting SNAP from covering soda.
The SNAP changes are part of a statewide health initiative Morrisey called the 'Four Pillars of a Healthy West Virginia.' Other pillars included prohibiting the sale of certain food dyes in the state, and the 'Mountaineer Mile,' challenge to walk at least a mile a day.
Legislation similar to the SNAP change was introduced during the 2025 regular session, but went nowhere. House Bill 2350 would have required the state to submit a SNAP waiver so that the program could disallow coverage of soda and candy. Opponents of the bill expressed concerns it would hurt local grocery stores, particularly near the state border, by causing SNAP recipients to use their assistance to buy the sweets in stores across state lines.
One in six West Virginians, or approximately 277,000 residents, rely on the SNAP program for food assistance, according to the West Virginia Center on Budget and Policy. The program is paid for by the federal government's Department of Agriculture and administered through the state.
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The law center, which is part of the Public Health Advocacy Institute, or PHAI, initiates legal action against tobacco, food and soda companies that sell products it claims contribute to preventable chronic diseases. The president of PHAI, Richard Daynard, is famous for his role in the fight to expose the marketing practices of the tobacco industry. 'Toddler milks are expensive, nutritionally unnecessary and may be harmful to children due to added sugars,' Rainer told CNN. 'The products are labeled 'Stage 3,' implying they are the next nutritionally recommended product for purchase after infant formula, which is numbered 'Stage 1' and transitional formula, which is numbered 'Stage 2.' 'We are suing to get Abbott to change their advertising and pay compensation to all the parents who purchased these products as a result of Abbott's misleading, unlawful and unfair marketing practices,' Rainer added. 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In mid-August, a judge denied in part Abbott's petition to dismiss the case, allowing several claims to move forward. Two fathers in California filed suit in December 2024 alleging Abbott injects 'up to 12 grams of added sugar per serving, equivalent to almost half a can of soda' into Similac's Go & Grow 360 Total Care toddler drink powder and Similac's Go & Grow 360 Total Care Sensitive toddler drink poweder. The lawsuit was dismissed without prejudice, which allows the claims to be resubmitted to the court in future. When asked, Abbott provided no further comment concerning these lawsuits. 'Sensitive' formulas are marketed to parents who worry their children suffer from lactose intolerance, which is rare in children younger than age 6. 'If there's a take-home message for the world, it's that you don't need to put your baby on low lactose formulas with names like 'gentle 'or 'sensitive' because of routine baby symptoms like spitting or a bit of colic,' Abrams told CNN. 'It doesn't work for those things, plus more than 95% of all babies are not lactose sensitive — lactose is the natural sugar in breast milk. Yet a third to half of the marketplace is made up of these sensitive or gentle formulas,' Abrams said. 'The marketing also plays in the guilt of moms who aren't able to breastfeed, because who doesn't want sensitive formula for your sweet little baby, right?' Other key players in the infant and toddler formula market have also faced proposed class action lawsuits. Mead Johnson Nutrition, which makes Enfagrow Premium Toddler Nutritional Drink and Enfagrow NeuroPro Toddler Nutritional Drink products, has been accused of using 'deceptive and unlawful practices in labeling and marketing,' according to a lawsuit filed by three California parents in July 2024. A motion to dismiss was granted in part and denied in part by a federal court in California in July; the plaintiffs filed an amended complaint in early August. In response, Mead Johnson Nutrition told CNN via email that its products use 'evidence-based nutrition' to support the development needs of young children. 'While we cannot comment on pending litigation, we stand behind our products and their labeling to ensure appropriate use by parents. In this case, we are pleased all fraud-based claims were dismissed and we remain confident our products are accurately labeled and responsibly marketed,' a spokesperson said. Gerber Products Company was sued in 2020 over its marketing of Gerber Good Start Grow Stage 3, which was sold as 'necessary' for the 'nutritional needs of children ages 12 to 24 months,' according to the lawsuit. 'Contrary to the recommended nutritional needs of children in this age range, the Product contains 15 grams of added sugar,' the lawsuit stated. Gerber's motion to dismiss was denied in part and granted in part, but the lawsuit was dropped in early 2022 when the plaintiff moved out of state, said Spencer Sheehan, the New York attorney who filed the case. 'The judge's denial of Gerber's dismissal motion was positive and recognized and credited the legal theories we raised,' Sheehan told CNN. 'I don't think there's any marketing that can save or make this category of products useful — personally, I don't think these products should even be sold.' CNN reached out to Gerber and was told the company sold its infant formula portfolio in late 2022 to Perrigo, the third largest manufacturer of infant formula in the US and Canada, according to its website. Good Start is now marketed as Good Start Dr. Brown's, with three infant formulations: one for gas, fussiness and spit-up; a second for easy digestion and softer poops; and a third that is milk- and lactose-free. However, there is no product for toddlers. CNN reached out to Perrigo but did not receive a reply. The American Academy of Pediatrics has long said 'breast is best' and strongly encourages breastfeeding babies for as long as possible. Oddly, it was the success of this mission that led to the birth of the toddler milk industry in the US, said Jennifer Harris, a senior research adviser of marketing initiatives at the Rudd Center for Food Policy and Health at the University of Connecticut's Hartford campus. 'Toddler drinks are just a marketing tactic formula companies use to offset the decline in infant formula sales due to the increase in breastfeeding,' said Harris, who studies how food is marketed to children. 'There's no health benefit in these toddler drinks, it's all just a marketing ploy — a very lucrative one at that,' she said, echoing a key allegation in the Public Health Advocacy Institute lawsuit. 'There's absolutely no reason for this product category to exist, none at all,' she said. Harris is the senior author of a February 2020 study, which tracked sales and advertising dollars for the infant and toddler formula industry between 2006 and 2015. Sales volume, which is the total amount of infant formula sold, dropped 7% and advertising dollars declined over the 10-year-period. During the same time frame, advertising for toddler milks rose fourfold, with a 158% increase in annual sales volume. Today the 'growing up' milk market, as it is called, is exploding, said Rainer, citing available market data. 'Since 2018 the nationwide sales of toddler milks — a product no one needs — has averaged well over $500 million per year,' he said. Critics say labels on toddler milks are often similar in color and styling to labels on a brand's infant formulas, which makes it easy for parents to confuse the two, Harris said. 'It's easy for parents to grab the toddler version instead of the infant formula,' she said. 'Or they think, 'Oh, this one is less expensive, I'll just get this instead.'' Like Damary Santana, parents in focus groups told researchers they were swayed by labels that say toddler milks provide numerous immune-boosting and brain-nourishing additives. 'I feel like the marketing does a really good job of playing to a mother's fears,' a Hartford, Connecticut, mother told Harris and her team in 2022. 'Because who wants to feel like, I didn't give my child the thing to support their immune system? Or they're not going to have brain or eye development if I don't give them this.' Because toddler milks are not regulated by the FDA or Infant Formula Act, formula makers can 'market anything they want,' Abrams said. 'The World Health Organization's marketing code for breast-milk substitutes, which is accepted throughout most of the world, specifically does not allow the marketing of toddler formulas in this way,' he said. 'The United States, however, does not legally accept the restrictions in the code.' The Public Health Advocacy Institute and more than two dozen other organizations and individuals petitioned the FDA in July 2020 to set limits on the advertising of toddler milks while improving transparency on ingredient labels. Was there any response? 'Crickets,' said Harris, who signed the citizen petition. 'We followed up a few years later, and the FDA basically said 'Hey, we have a lot on our plate, and this isn't a top priority.'' Updating infant formula guidelines was the focus of the June meeting of the expert advisory council for Operation Stork Speed, but toddler milks were also discussed. Panel members acknowledged the issue of parents unknowingly giving toddler milks instead of formula to their infants because they couldn't tell the products apart, according to a posted summary. 'The labels of these products should clearly state that they are not appropriate for infants,' the committee agreed. The committee also discussed the AAP's recommendation that toddler products should no longer be positioned on store shelves next to infant formulas. Finally, the committee recommended that the FDA become involved in regulating toddler milk marketing, perhaps by 'incorporating some aspects of the WHO Code of Marketing of Infant Formulas.' Will the FDA implement actions on toddler milks as recommended by experts? Andrew Nixon, director of communications for the US Department of Health and Human Services — which oversees the FDA — told CNN via email: 'We do not speculate on potential, future policy decisions.' Get inspired by a weekly roundup on living well, made simple. Sign up for CNN's Life, But Better newsletter for information and tools designed to improve your well-being.