Kinder Surprise Eggs are currently illegal in the United States due to the 1938 Federal Food, Drug, and Cosmetic Act. It contains a section highlighting that a confectionery product with a non-nutritive object, partially or totally imbedded within it, cannot be sold within the United States, unless the FDA issues a regulation that the non-nutritive object has functional value. Essentially, the 1938 Act bans “the sale of any candy that has imbedded in it a toy or trinket.”
This petition seeks to allow that companies can apply to become an exception to the act, thereby allowing Kinder Surprise Eggs to be sold everywhere in the United States.