Why Kinder Eggs Are Banned in the US and How You Can Get Them

If you are not familiar with Kinder Surprise Eggs you are truly missing out. A Kinder Egg is a hollow chocolate egg around the same size as a normal hen's egg. They are a German candy made from a thin layer of milk chocolate and a thin layer of white chocolate (referred to as a milky lining on the package) that hold inside a colorful plastic capsule containing a small toy. Although the chocolate is delicious in itself, the toy is what makes Kinder Eggs so amazing, desirable and collectible. They are also what make Kinder Eggs banned in the United States.

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.