This petition would be to end the ban on the import and sale of Kinder Surprise Eggs. The1938 act bans "the sale of any candy that has embedded in it a toy or trinket". There is a company in the U.S. that in spite of this ban has created the same thing and is selling the product. The FDA issued the regulation that the non-nutritive object has a functional value or having a special activity in other words and the toy that come inside these chocolate eggs is a toy for the consumers to enjoy. Kinder Surprise bears a warning to the customer advising that the toy is not suitable for children under the age of three due to these small parts also saying that "adult supervision is recommended". There is no reason a company be able to distribute the same toy in chocolate and not the other.



