Kinder-Eggs, also called Kinder Ueberaschung and Kinder-Surprise Eggs are a wonderful treat. The 1938 Federal Food, Drug, and Cosmetic Act 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.
The packaging are marked that they are not for children under 3, and any responsible parent should be able to decide what to offer their children as a special treat. The toys contained are sealed in a large yellow capsule; legos are smaller and more of a choking hazard. The toy is part of the draw of the Kinder-Egg; therefore technically, the non-nutritive object does have a functional value.