Editing Kinder Surprise (section)

== Safety concerns ==
=== United Kingdom ===
In 2000, three families who had lost children to choking on toys inside edible eggs campaigned for the products to be withdrawn from the [[European Union]].<ref>{{Cite web|last=Brady|first=Emma|date=12 September 2000|title=Parents hit out at EU over tiny deadly toys|url=https://www.thefreelibrary.com/Parents+hit+out+at+EU+over+tiny+deadly+toys.-a065156393|website=The Birmingham Post}}</ref>

Defenders of the chocolates said that these had been unfortunate fatalities. This was discussed in the [[House of Commons of the United Kingdom|House of Commons]]<ref>{{cite web|url=https://api.parliament.uk/historic-hansard/written-answers/1985/jul/16/confectionery-plastic-toys#S6CV0083P0_19850716_CWA_192|title=Confectionery (Plastic Toys)|publisher=House of Commons|date=16 July 1985|access-date=17 August 2012|archive-date=2 January 2013|archive-url=https://web.archive.org/web/20130102131332/http://hansard.millbanksystems.com/written_answers/1985/jul/16/confectionery-plastic-toys#S6CV0083P0_19850716_CWA_192|work=[[Hansard|Parliamentary Debates (Hansard)]]|url-status=live}}</ref><ref>{{cite web|date=6 December 1989|title=Oral Answers to Questions - Trade and Industry|url=https://publications.parliament.uk/pa/cm198990/cmhansrd/1989-12-06/Orals-1.html|publisher=Parliament of the United Kingdom|access-date=2017-09-02|archive-date=2017-03-10|archive-url=https://web.archive.org/web/20170310165145/https://www.publications.parliament.uk/pa/cm198990/cmhansrd/1989-12-06/Orals-1.html|url-status=dead}}</ref><ref>{{cite web|date=9 November 1989|title=Written Answers to Questions|url=https://publications.parliament.uk/pa/cm198889/cmhansrd/1989-11-09/Writtens-1.html|publisher=Parliament of the United Kingdom|access-date=2017-09-02|archive-date=2017-03-10|archive-url=https://web.archive.org/web/20170310165037/https://www.publications.parliament.uk/pa/cm198889/cmhansrd/1989-11-09/Writtens-1.html|url-status=dead}}</ref> and also by the [[Department of Trade and Industry (United Kingdom)|Department of Trade and Industry]] which said, "The child’s tragic death was caused by the ingestion of a small part of the egg’s contents. Many other products and toys with small parts are available in the market place. If we were to start banning every product that could be swallowed by a child, there would be very few toys left in the market".<ref>{{Cite web|date=14 August 1985|title=Department of Trade and Industry Press Notice|url=http://www.ferrerousa.com//inc/IMGShow.php?IDF=15023|url-status=dead|archive-url=https://web.archive.org/web/20140221235158/http://www.ferrerousa.com//inc/IMGShow.php?IDF=15023|archive-date=21 February 2014}}</ref>

=== United States === 
A 1938 law, the [[Federal Food, Drug, and Cosmetic Act]], prohibits confectionery products that contain a "non-nutritive object", unless the non-nutritive object has functional value.<ref>{{USC|21|342}} in combination with {{USC|21|331}}</ref> Essentially, the Act bans "the sale of any candy that has embedded in it a toy or trinket".<ref>{{cite web|url=https://www.nytimes.com/1997/09/28/us/giants-in-candy-waging-battle-over-a-tiny-toy.html|title=Giants in Candy Waging Battle Over a Tiny Toy|first=Neil A.|last=Lewis|date=28 September 1997|work=The New York Times}}</ref>

In 1997, the staff of the [[U.S. Consumer Product Safety Commission|Consumer Product Safety Commission]] examined and issued a recall for some Kinder Surprise illegally brought into the US with foreign labels.<ref name="cpsc">{{cite web|url=http://www.cpsc.gov:80/cpscpub/prerel/prhtml97/97172.html |archive-url=https://web.archive.org/web/19971211090351/http://www.cpsc.gov/cpscpub/prerel/prhtml97/97172.html |title=CPSC and Kreiner Imports Announce the Recall of Kinder Chocolate Eggs Containing Toys |date=18 August 1997 |archive-date=11 December 1997 |publisher=U.S. Consumer Product Safety Commission |url-status=dead }}</ref> The staff determined that the toys within the eggs had small parts. The staff presumed that Kinder Surprise, being a chocolate product, was intended for children of all ages, including those under three years of age. On this basis, the staff took the position that Kinder Surprise was in violation of the small parts regulation and should be banned from importation into the US.<ref name="cpsc" />

Kinder Surprise eggs are legal in Canada and Mexico, but are illegal to import into the US. In January 2011, the [[US Customs and Border Protection]] (CBP) threatened a Manitoba resident with a 300 [[Canadian dollar]] fine for carrying one egg across the US border into Minnesota.<ref name="fine-2011">{{cite web|url=https://www.thestar.com/news/canada/2011/01/12/surprise_border_officials_seize_canadian_womans_kinder_egg.html|title=Surprise! Border officials seize Canadian woman's Kinder egg|website=Toronto Star|first=Debra|last=Black|date=12 January 2011}}</ref> In June 2012, CBP held two Seattle men for two and a half hours after discovering six Kinder Surprise eggs in their car upon returning to the US from a trip to Vancouver. According to Joseph Cummings of Seattle, Washington, one of the men detained, a border guard quoted the potential fine as "$2,500 per egg".<ref>{{cite web|last=Lynn|first=Jamie|title=Seattle men busted at the border with illegal candy|url=http://www.komonews.com/news/offbeat/Seattle-men-busted-at-Canadian-border-with-illegal-candy-162685596.html|publisher=KOMO News|access-date=28 November 2012|archive-date=4 November 2012|archive-url=https://web.archive.org/web/20121104214248/http://www.komonews.com/news/offbeat/Seattle-men-busted-at-Canadian-border-with-illegal-candy-162685596.html|url-status=dead}}</ref>

In 2012, the [[Food and Drug Administration]] (FDA) re-issued their import alert stating "The embedded non-nutritive objects in these confectionery products may pose a public health risk as the consumer may unknowingly choke on the object".<ref>{{cite web| url = http://www.accessdata.fda.gov/cms_ia/importalert_107.html| title = FDA Import Alert 34-02}} ''fda.gov''</ref>

Kinder Surprise bears warnings advising the consumer that the toy is "not suitable for children under three years, due to the presence of small parts", and that "adult supervision is recommended".<ref>{{cite web| url = http://www.ferrerousa.com/inc/IMGShow.php?IDF=14189| title = Kinder Surprise Packaging Warning labels}}</ref>

As of 2017 [[Kinder Joy]] eggs, a similar product, are being sold in the United States. Instead of a toy being encased in a chocolate egg, it is in an egg-shaped plastic package with the toy and chocolate separated. Kinder Surprise eggs are still illegal in the US, but remain popular on the black market.<ref name="m139">{{cite web |date=2024-04-05 |title=Why These Popular Chocolate Easter Eggs Are Banned in the US, despite Being Legal Almost Everywhere Else |url=https://fee.org/articles/why-these-popular-chocolate-easter-eggs-are-banned-in-the-us-despite-being-legal-almost-everywhere-else/ |access-date=2024-06-25 |website=Foundation for Economic Education}}</ref><ref name="c514">{{cite web |last=Wilson |first=Matthew |date=2024-01-14 |title=Why Kinder Surprise Eggs Are Illegal In The US |url=https://ca.finance.yahoo.com/news/why-kinder-surprise-eggs-illegal-184547005.html?guccounter=1 |url-status=dead |archive-url=https://web.archive.org/web/20240625201343/https://ca.finance.yahoo.com/news/why-kinder-surprise-eggs-illegal-184547005.html?guccounter=1 |archive-date=2024-06-25 |access-date=2024-06-25 |website=Yahoo Finance}}</ref>

The chocolate content of the Kinder Surprise and Kinder Joy is what differentiates them. Kinder Joy has a spoon to eat a creme inside, while Kinder Surprise is two-layer chocolate—milk chocolate on the outside and white chocolate on the inside.<ref name="y519">{{cite web | last=Atkin | first=Elizabeth | title=Why are Kinder eggs banned in the US? | website=Metro | date=2022-04-07 | url=https://metro.co.uk/2022/04/07/why-are-kinder-surprise-eggs-banned-in-the-us-16424160/ | access-date=2024-06-25}}</ref>

=== Chile === 
In 2016, new food labeling and packaging laws resulted in Chile banning the Kinder Surprise.<ref>{{Cite web|url=http://www.dw.com/en/the-evil-egg-chile-bans-kinder-surprise/a-19362518|title=The evil egg: Chile bans Kinder Surprise|first=Carla|last=Bleiker|date=28 June 2016|publisher=[[Deutsche Welle]]|access-date=11 April 2017}}</ref><ref>{{Cite news|url=https://www.irishtimes.com/life-and-style/health-family/the-country-that-killed-tony-the-tiger-and-kinder-eggs-in-obesity-war-1.3384681|title=The country that killed Tony the Tiger and Kinder Eggs in obesity war|date=8 February 2018|access-date=11 April 2018|newspaper=The Irish Times|first=Andrew|last=Jacobs}}</ref>

=== Belgium ===
In 2022, the Belgian food agency reported about 20 cases of salmonella in Belgium due to contaminated Kinder Surprise eggs.<ref>{{Cite web |last= |first= |date=April 5, 2022 |title=20 salmonella cases linked to Kinder Surprise eggs in Belgium |url=https://www.brusselstimes.com/215137/salmonella-outbreaks-linked-to-kinder-surprise-eggs-produced-in-belgium |access-date=2022-05-19 |website=www.brusselstimes.com |language=en}}</ref>

=== Canada ===
In 2022, Ferrero Canada Ltd. recalled 23 Kinder brand chocolate products in Canada. The recall included Kinder Surprise 100g, and other products containing them.<ref>{{Cite web |title=Homepage – Kinder Canada |url=https://www.kinder.com/ca/en/ |access-date=2022-05-31 |website=Kinder Canada |language=en}}</ref><ref>{{Cite web |date=2022-04-09 |title=Kinder recalls Chocolates over microbiological concerns (not a food allergy alert) |url=https://club.flappd.ca/t/kinder-recalls-chocolates-over-microbiological-concerns-not-a-food-allergy-alert/160 |access-date=2022-05-31 |website=Club Flappd |language=en}}</ref> According to the [[Canadian Food Inspection Agency]] (CFIA), the recall was voluntary. No illnesses were associated due to the consumption of the product.<ref>{{Cite web |last=Government of Canada |first=Health Canada |date=2022-04-11 |title=Certain Kinder brand chocolate products recalled due to possible Salmonella - Recalls, advisories and safety alerts – Canada.ca |url=https://recalls-rappels.canada.ca/en/alert-recall/certain-kinder-brand-chocolate-products-recalled-due-possible-salmonella-0 |access-date=2022-05-31 |website=recalls-rappels.canada.ca}}</ref>