Editing Kinder Surprise (section)

=== 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>