Research was conducted using Lexis+ to evaluate statutes, regulations, and case law to determine the legal feasibility of requiring retail-based SNAP signage and nutrition disclosures, healthy endcaps and checkout aisles, and tying advertising restrictions to the licensing of SNAP retailers. Requiring retailers that designate certain foods or locations as SNAP-eligible to consistently do so in all SNAP-eligible pages/locations is likely feasible. If properly drafted to focus on the nutritional quality of food, healthy checkout and endcap restrictions are legally feasible. It is of unclear legal feasibility to require retailers (especially in-store) to disclose nutrition-related labeling, shelf tags, or nonfactual symbols indicating the relative healthfulness of products. Restricting or banning advertising is not legally feasible even if the government ties the restrictions to retail licensing requirements. Entities seeking to support healthy food retail should not seek to restrict advertising or compel retailers to convey messages against their interests. The government can license retailers and require them to abide by laws and other requirements that do not violate their constitutional rights. The government can also use its own speech through public service announcements, billboards, and transit advertising to encourage healthy food consumption for all shoppers including those who use SNAP. Additional research is warranted into online retail practices to evaluate variations in online checkout pages and to determine whether online retailers treat SNAP participants differently from non-SNAP participants.
Published: March 2023
Journal: J Public Health Manag Pract
Authors: Pomeranz JL
Focus Areas: Food Retail, Nutrition Policy & Programs
Resource Type: Journal Article
Related Research
June 2025
Community Engaged Research Strategies Used in Food Retail Interventions: A Scoping Review
The purpose of this scoping review is to identify what community engagement (CE) research approaches have been applied by researchers in the retail food environment (RFE) intervention literature and how they vary by type of retail settings, phase of intervention, year of intervention, and key domains of equity. A total of 98 RFE interventions reported MoreJune 2025
Changes in SNAP Participation and Food Expenditures for Households with Children During the Pandemic
The purposes of this research were to explore the characteristics of households with children that joined SNAP after substantial changes were made to the program in the early stages of the pandemic and to learn how the changes affected food purchases. The research team used household-based scanner data to assess demographic characteristics and food purchase MoreFebruary 2025