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
We believe the intent of this law is to protect people from objects hidden in food of which they are not aware. Parents have the responsibility to protect their children from all types of dangerous items around the house 24 hours a day. We do not believe the introduction of this treat adds any new level of threat. In addition, each Kinder Egg is clearly marked with a label stating the toy is not intended for ages 0 to 3. This warning puts the burden of responsibility on the purchaser.
We ask you to please look into this matter and help us restore the Ferrero Kinder Egg to shelves in the United States.