Funding is Zero for Zero Nutrition Options (FIZZ-NO) Act of 2025
Introduced January 28, 2025 · Last action February 28, 2025
Plain English Summary
This bill amends the Food and Nutrition Act of 2008 to prohibit the use of SNAP benefits (food stamps) to purchase soda, defined as carbonated beverages with more than 1 gram of added sugar, artificial sweetener, or flavoring per serving. The ban takes effect 180 days after enactment.
Who benefits
Public health advocates and anti-obesity organizations who promote dietary restrictions; manufacturers of non-carbonated beverages (including unsweetened drinks, milk, juice producers) who gain market advantage as SNAP recipients shift purchases away from soda; state health departments that support nutrition-focused spending restrictions.
Who pays / loses
SNAP recipients (approximately 41 million Americans as of 2024) who lose purchasing flexibility and ability to buy soda with benefits; soda manufacturers (Coca-Cola, PepsiCo, Keurig Dr Pepper) and bottling companies who lose sales volume from the SNAP customer segment; convenience stores and grocery retailers who lose soda sales to SNAP customers.
Funding & Lobbying Interests
Public health organizations and anti-obesity advocacy groups (such as the American Heart Association, Center for Science in the Public Interest) lobby for SNAP product restrictions; beverage tax and restriction campaigns are typically funded by philanthropic entities focused on nutrition and public health. No sponsor finance data was provided. Industries opposing this bill financially: soft drink manufacturers, bottling companies, grocery retailers, and convenience store chains dependent on high-margin soda sales.
Political Impact
Affected Groups
SNAP recipients: 41 million Americans (13.5% of U.S. population), disproportionately concentrated among households earning below 130% of the federal poverty line, with higher representation among Black Americans (25% of SNAP recipients), Hispanic Americans (22%), and rural populations. Low-income families will experience reduced consumer choice and potential social stigma at checkout. Soda manufacturers and retailers in rural and low-income areas where SNAP-eligible customers represent a significant portion of sales volume.
Political Subtext
Proponents argue this addresses childhood obesity and diet-related disease by restricting 'empty calorie' purchases; they cite correlations between sugary beverage consumption and obesity rates. Critics counter that SNAP restrictions unfairly stigmatize low-income people, infantilize beneficiaries, and fail to address root causes of obesity (poverty, food deserts, health literacy). They note that similar product restrictions (e.g., New York's attempted soda ban) face legal and political challenges. Non-partisan evidence shows that SNAP restrictions on specific foods have limited effectiveness on overall diet quality without complementary programs like nutrition education; economic research indicates substitution effects are modest, and behavioral restrictions do not reliably reduce obesity when income constraints remain the primary driver of food choices.
Real-World Stakes
If enacted, approximately 41 million SNAP recipients would immediately lose the ability to purchase soda at checkout. Soda manufacturers would lose an estimated $1.5–2 billion annually in direct SNAP sales (soda represents roughly 10% of SNAP-eligible grocery purchases). State agencies would bear compliance costs for retailer training and benefit processing system updates. Precedent: Maine and Vermont piloted restrictions on energy drinks; outcomes showed minimal obesity reduction but high administrative burden and beneficiary frustration. Similar product bans in other contexts (New York soda ban attempt, 2012) faced legal challenge on equal protection grounds; this federal law would likely face litigation from beverage manufacturers citing interstate commerce concerns and from civil rights groups claiming discriminatory impact on low-income populations. No CBO cost estimate is available in the bill text.
What's Inside This Bill
Non-obvious provisions not apparent from the headline summary.
Artificial Sweetener Equivalency Clause
The bill defines prohibited beverages to include those with artificial sweeteners, but does not specify equivalent sugar thresholds or conversion ratios, leaving enforcement agencies to create their own standards.
AffectsBeverage manufacturers and SNAP retailers who must interpret and comply with varying enforcement standards across states; low-income consumers whose access to specific beverages may differ by jurisdiction based on regulatory interpretation.
Flavoring Definition Carve-Out Gap
The provision bans beverages with 'flavoring' but does not distinguish between natural flavoring, artificial flavoring, or flavoring derived from juice concentrates, creating ambiguity about which flavored beverages are actually prohibited.
AffectsRetailers scanning items at checkout who must make judgment calls on undefined categories; manufacturers of naturally-flavored or juice-containing beverages that may be incorrectly restricted; SNAP participants unable to predictably know which products are banned.
No POS System Compliance Timeline
The bill mandates a 180-day implementation period but does not require retailers to update point-of-sale systems or provide guidance on technology compliance, potentially leaving retailers without clear instruction on enforcement mechanisms.
AffectsSmall retailers and corner stores with limited IT resources who may face compliance violations despite good-faith efforts; rural and underserved communities where retailers may lack resources to quickly update systems.
No Penalty or Enforcement Specification
The bill does not specify penalties for retailers who sell banned items to SNAP users, enforcement mechanisms, or whether violations trigger benefit sanctions for cardholders versus retailer sanctions.
AffectsSNAP participants who may face card deactivation or other sanctions if unknowingly or mistakenly purchase banned items; retailers uncertain about liability and enforcement; inconsistent enforcement across states.
Sponsor
Co-sponsors (3)
RRep. Burchett, Tim [R-TN-2]RRep. Massie, Thomas [R-KY-4]RRep. Davidson, Warren [R-OH-8]
Vote Record
No recorded votes.
Campaign Finance — Primary Sponsor
No campaign finance data available yet.
501(c)(4) disclosure: Contributions from 501(c)(4) "dark money" organizations are not required to be publicly disclosed and are not reflected in the figures above. Data sourced from FEC public disclosure filings.
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