"There are two reasons why these delicious treats are illegal in the U.S. One reason is the U.S. Consumer Product Safety Commission (CPSC) claims that the toys are a choking hazard for small children. All of the toys are relatively small, and some contain even tinier pieces that need to be put together. Kinder Eggs have a warning on the package, in several languages, that they are only suitable for ages three and up, which should be enough to un-ban them.
Aside from children potentially choking on the toys, the real reason Kinder Eggs are banned is the Food, Drug and Cosmetic Act of 1938. This Act prohibits the embedding of non-food items completely enclosed inside food items, unless the non-edible part has a functioning value. For example a lollipop or popsicle stick is not edible but is a useful handle. This Act was originally put into place to prevent the addition of hazardous items to processed food and has never been changed."
Because they have toys in them. Under the Federal Food, Drug, and Cosmetic Act of 1938, confectionery is illegal if it "has partially or completely imbedded therein any nonnutritive object" unless it is obvious that "such object is of practical functional value to the confectionery product".
So lolly sticks are fine, or lollies would be impossible to eat without getting sticky. The stick has a clear functional value. But the toy in a Kinder Surprise egg does not.
There is also the point that small toys, some with even tinier parts, are a choking hazard to small children who might put them in their mouths and so the FDA continues to think that these eggs should be banned. http://www.accessdata.fda.gov/cms_ia/imp...
The 1938 Federal Food, Drug, and Cosmetic Act contains a section that essentially bans “the sale of any candy that has embedded in it a toy or trinket”.
Should be in UK too..Those silly little toys have parts that are way too small and hence dangerous....They are a GERMAN product by the way....
The ingredients they use to make the eggs are harmful.
