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

K. Jessie Austin
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.

Despite Kinder Eggs being banned in the U.S., they are available in 100 other countries. This, not surprisingly, means there is a booming black market for them. People on vacation often sneak eggs back across the border with them to share with friends and family. They are also usually easy to find at specialty food stores that sell other imported sweets. There are also many e-vendors, especially in Canada, who will ship them to the US usually for two or three times their suggested retail value. A simple Google search will supply you with plenty of options from which to buy your surprise filled eggs, although as the CPSC cracks down on them you will sometimes find you home. I advise you not to order them when the weather is too hot, as they will melt in transit.

Published by K. Jessie Austin

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69 Comments

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  • Angelica 1/14/2012

    Ellen That is true

  • Me 12/6/2011

    I think all you people are being ridiculous by pointing out that it isn't a German candy. First, Kinder is a German word meaning children. So, that is a common mistake since I know a great deal of people who think they originated in Germany. Second, Kinder chocolate is actually more popular in Germany than it is Italy (yes, I've done my research). So take a chill pill people. Its not that serious.

  • LINDA 4/20/2011

    THE WOMAN WHO WROTE THIS ARTICALE NEEDS TO DO HER HOMEWORK BETTER! KINDER EGGS ARE MADE IN ITALY BY THE FERRERO COMPANY, NOT IN GERMANY! I SHOULD KNOW, I WAS BORN AND RAISED IN ITALY AND HAVE HAD KINDER EGGS AS A TREAT THROUGH OUT MY CHILDHOOD. P.S. NOBODY EVER CHOCKED! PARENTS SHOULD SUPERVISE THEIR CHILDREN NO MATTER WHAT SIZE TOY THEY ARE PLAYING WITH, BIG OR SMALL.

  • Member of a lost generation part 2 4/14/2011

    Me and millions of kids grew up with them and never got hurt. Until several years ago I could still get them in local food imports store, but then they got banned from there too. It is sad looking my child growing up in such a sterile and non creative environment. Hope that US laws will change in future.

  • Member of a lost generation 4/14/2011

    I grew up in small European country and I loooooved growing up with Ferrero's Kinder Surprise. I remember old put together toys from early 1980. Like Donald Duck and friends (which I still have buried at my childhood home). I remember I had to separate them from the plastic sheet and put them together. They had all kinds of nice accessories; like umbrellas, hats... that you could remove. Then they stopped making them and passed to very collectible little cars, small cardboard puzzles, Smurfs in blue egg edition, one piece happy hippos figurines... The whole process is very creative. And the chocolate is very delicious (and it is in small portion so you can't make yourself fat), made from two halves joined together. You gently press them apart at the seam, and they separate. Inside is free standing egg, usually yellow color, and in that egg (that is hard to open) is toy. The information always states it is not for children under three years of age in more than several languages

  • samantha chapa 4/3/2011

    Why ban them?! They are a delicious treat for anyone young & old (except under 3 yrs.) i say the law shouldnt interfere with that!!

  • Phyldk 3/14/2011

    My first encounter with Kinder eggs was when I took a trip to Germany and I fell in love with them. Up until a short time ago every German deli on the net sold them but sadly no more. You can still import them from Canada providing you want to pay a fortune to do so.(which I usually end up doing every Christmas and Easter.) My children and grandchildren are all adults now but they still delight in cracking open these chocolate eggs and assembling the toys inside.Guess there are some things you never outgrow.

  • Edo 3/3/2011

    Kinder is an Italian brand, owned by Ferrero. They're not German. Know your facts before publishing an article.

  • from Wikipedia 2/26/2011

    Kinder Surprise, :

    "Kinder Surprise (in the original Italian, Kinder Sorpresa), also known as a Kinder Egg (Kinder being the German word for "Children", as found in the loanword "kindergarten"), is a confection manufactured by Italian company Ferrero. Originally intended for children, it has the form of a chocolate egg containing a small toy, often requiring assembly...

    ...There are some stores in the United States that sell genuine Kinder Eggs, often in conjunction with other imported British or other European sweets, although their import is illegal due to the 1938 law and 1997 recall."

  • Online ordering 2/26/2011

    Also availabe from www.canadianfavourites.com

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