Wow, I guess German children must be dying in droves.![]()
--but I have had multiple Germans parents ask me why Americans think their children are too stupid to know that you EAT chocolate and PLAY WITH toys
BTW--you really do not have to open the chocolate carefully (see below).It really isn't a choking hazard (and the fact that a toy is inside is CLEARLY labeled). Inside the chocolate egg "shell" is a plastic egg like container. This container is too large to choke a child (intentionally designed that way) and rather difficult to open. The actual toy (with small parts) is inside that too large to chile on and hard to open container. it is VERY unlikely that anyone would choke on it.Not that I agree with it entirely, but I think I can see their logic. In the case of Legos, etc., the hazard is visible. My guess is that they fear that a parent may think the egg is all candy like a Cadbury egg and give it to their small child to eat unsupervised. Since the egg does contain small toys that don't meet standards for the three-and-under crowd a two year old may end up with a toy in their hands considered "too small" for their safety without the parent's realization.
Apparently so, here's a Consumer Reports article on the eggs with a note to contact the CPCS if you find them illegally in your area:
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I usually get mine at German or Russian shops. Dang! Now that this story is out, I'm afraid I'll have a hard time scoring one for DD at Easter.
We could get DD to do anything when we took her to Belgium/The Netherlands at age 5, simply by promising a Kinder Egg. Best Euro(s) I've ever spent. And heaven knows I've brought more than a few of them back from Europe in my luggage. My British friend has brought some back for my DD as well. I had no idea it was illegal.
But of course, nothing would do but that we put it together for DD. She just had to have it. We took out the itty bitty instructions, which I don't believe even had an English translation
and got to work. I believe making a rocket would have been easier. But when we were finished, that little thing actually WORKED. It rolled and everything! It was so cool. Man, I love Kinder Eggs. 
I wasn't arguing in favor of the ban, I was saying that I think I see their logic. The CPSC very much uses the precautionary principle of "better safety than sorry." For them "unlikely" (very, or otherwise) isn't good enough.It really isn't a choking hazard (and the fact that a toy is inside is CLEARLY labeled). Inside the chocolate egg "shell" is a plastic egg like container. This container is too large to choke a child (intentionally designed that way) and rather difficult to open. The actual toy (with small parts) is inside that too large to chile on and hard to open container. it is VERY unlikely that anyone would choke on it.
I wasn't arguing in favor of the ban, I was saying that I think I see their logic. The CPSC very much uses the precautionary principle of "better safety than sorry." For them "unlikely" (very, or otherwise) isn't good enough.
Does anyone else feel challenged to find these now? I'm intrigued.
I do understand about choking hazards, but kids KNOW the toy is inside; mine would be carefully removing the chocolate so as not to damage the toy.

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.
Nope--but I have had multiple Germans parents ask me why Americans think their children are too stupid to know that you EAT chocolate and PLAY WITH toys
BTW--you really do not have to open the chocolate carefully (see below).
It really isn't a choking hazard (and the fact that a toy is inside is CLEARLY labeled). Inside the chocolate egg "shell" is a plastic egg like container. This container is too large to choke a child (intentionally designed that way) and rather difficult to open. The actual toy (with small parts) is inside that too large to chile on and hard to open container. it is VERY unlikely that anyone would choke on it.

I see from Carina's photos that she had one of the older style, two part, containers. Nowadays the eggs we get have toy containers where the lid is actually attached to the base; a sort of 'flip top' affair...
I'm fairly certain they were not banned because of choking hazard. There is some old law that states that inedible items cannot be placed inside of food or something like that. I'll go look. I just heard this not too long ago and researched it because I thought it was so stupid. It really is silly.
ETA: Found it. Here it is.
Yup that's the reason! This applies to Marti Gras king cakes as well because we've had to hid our own figure for the past decade atleast.
Apparently it's also the reason that cracker jacks just have paper toys (ie stickers) too, because paper is technically edible .
No 'proof' thats the reason, I was just told that a few months ago when someone told me that kinder eggs were illegal in the US
Cracker Jack should move operations to Canada put real toys back in the boxes.
http://mightygirl.com/2007/11/30/up-yours-cracker-jack/
Lind Bird was recently stopped at the U.S. border and selected for a random search of her vehicle. She was warned she could have faced a fine after the customs official found and seized her $2 Kinder Surprise egg as illegal contraband.
