While the USDA prohibits schools from selling soda and other not-very-healthful foods in the actual cafeteria during mealtimes, there aren’t any hard-and-fast rules on sales at student stores, vending machines at any time or on cafeteria à la carte sales outside of mealtime. And pledges by the beverage industry to limit availability of those drinks don’t include vending machines not covered by exclusive contracts, or drinks purchased from third-party suppliers or someplace like Costco.

Researchers with Bridging the Gap, a Robert Wood Johnson Foundation program, found that despite industry efforts — and a 2007 Institute of Medicine report recommending limitations on the availability of beverages at school — almost 45% of public elementary school students had access to higher-fat milk or sugary drinks at school in the 2008-09 academic year. That’s up from about 39% in 2006-07.

Study: Elementary Schoolers Have Access to High-Fat, Sugary Drinks at School – Health Blog – WSJ