The Americans with Disabilities Act has now been expanded to cover food allergies, requiring schools to carry alternative foods to accommodate affected students. Schools could now be at risk for legal action if they fail to provide other options to students with food allergies.

Stuart Varney discussed the new requirement this morning on Fox Business Network with Judge Andrew Napolitano, who explained that when Congress passed the Americans with Disabilities Act in 1990, under President George H.W. Bush, they gave the executive branch the power to redefine what a disability is.

"(The statute) says the Secretary of Health and Human Services, but it's the executive branch. It's the president, and people who he appoints and people who think the way he does. It wouldn't be done contrary to the president's will. So that lets the president expand

the definition of the term 'disability,' which expands the reach of a statute, which expands litigation, which costs everybody money. None of which was done with Congressional authorization," Napolitano explained.

The judge said that it's another case of the government regulating "with a smiling face," since no one would argue against a child having healthy food available at school.

"But the litigation, and the cost, and the manner of deciding this destroys constitutional freedom," he said.

Watch the full discussion: