While I don't think a night time snack is necessarily the end of the world I absolutely agree that using it as a first resort and eating in bed rather than getting up and eating at the table are far from ideal habits. The choking risk side of things would have made me crack it.

Does this reflect some of your DH's own behavior? If its normal for him to eat in bed in the middle of the night you might be fighting a losing battle. No brilliant ideas here.