Obama and her advisers have been pressuring the restaurant industry to adopt labeling with information about nutrition and calories, although research at New York University argues its futility.

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Since it was introduced in August, the labeling program has been criticized by nutrition experts and health advocates for selecting unlikely products as healthy alternatives.

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In order to pass constitutional muster, labeling laws must bear directly on safety, nutrition or similar concerns.

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Following long-standing precedents in food regulation, the FDA requires special labeling only when a new food raises questions of safety, nutrition, or proper usage.

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