Kinder Surprise is a candy aimed towards children for Easter. It is a hallow chocolate egg that contains a plastic capsule inside of it. The plastic capsule is about the size of the egg's interior. Inside the plastic capsule is a toy, which often times needs to be assembled. The 1938 Federal Food, Drug, and Cosmetic act basically says a confectionery product with anything non-nutritive, partially or totally inside, cannot be sold, unless the FDA approves that the object has a functional value. The object inside a Kinder Surprise egg has functional value. It should be up to the parents if their child(s) can consume Kinder Eggs. There are warning labels on the wrapping alerting parents that the candy is not intended for children under 3 years of age and adult supervision is recommended.
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