In 1938, the Federal Food, Drug, and Cosmetic Act prohibited the embedding of non-nutritive items in confections, resulting in a ban of the popular childs treat. Its delicious milk and white chocolate shell surrounds a sealed plastic capsule which holds a small toy or puzzle. Kinder Eggs are available around the world--including our northern neighbor, Canada.
In 1997, the US Consumer Product Safety Commission recalled Kinder Eggs from shelves in stores across the United States. Citing this 1938 law,
Sec. 402. [21 USC 342] Adulterated Food (d) (1)
We believe the intent of this law is to protect people from objects hidden in food of which they are not aware. Each Kinder Egg is clearly marked with a label clearly stating the toy is not intended for ages 0 to 3.