Why Are Kinder Surprise Eggs Banned In The US?

Depending on where you're from and where you've been, you may have heard of the Kinder Surprise Egg. It's a Russian doll of a confection — a hollowed chocolate egg that encases a plastic capsule, which further encases a small plastic toy. And what exactly is the toy? Therein lies the "Surprise."

The Kinder Surprise Egg is a popular treat in many parts of the world, especially during Easter thanks to its symbolic egg shape. However, an Easter observer in the United States should not expect to find a Kinder Surprise Egg in their Easter basket. No sweet tooth in the U.S., for that matter, should expect to see them in the candy aisles. That's because, per the rules of the Food and Drug Administration, Kinder Surprise Eggs are banned stateside. Though the chocolate candy-toy hybrid product may seem harmless, it defies the FDA-enforced law that food products cannot contain non-nutritive (i.e., inedible) objects.

The reason Kinder Surprise Eggs fall under the FDA's law (and why this law exists in the first place) is because of a concern over choking. Sadly, some children have choked on the eggs before. One reported incident occurred in 2016 in France. A three-year-old child choked to death on the toy inside a Kinder Surprise Egg. Representatives at the Ferrero Group (as in the signature Ferrero Rocher), the Kinder parent company, expressed their condolences but were ultimately not found liable for the tragic incident. To date, there are no reported deaths in the United States related to Kinder Surprise eggs, perhaps on account of it being banned.

Some critics of the Kinder Surprise Egg's illegal status claim that other edible objects can pose just as much of a choking hazard, like grapes and hot dogs — about 140 children will die from choking on these items every year. 

Concerns over choking are not the only issue Kinder has faced, (European residents may remember the Kinder Surprise Egg recall of 2022). Still, the company persists in its pursuit to bring the joy of chocolate and toys to consumers throughout the world, including the United States, specifically with its strategically-designed Kinder Joy egg. The product appears the same as a Kinder Surprise Egg on the outside, but upon opening it up, you will find that the chocolate is in its own compartment, separately sealed from the obligatory mystery knickknack. A snack reviewer on TikTok demonstrates how the product is packaged.

@snackreviews_aus

Did you know the Kinder Joy chocolate egg has returned to Australia! Kinder Joy is a spin on the classic Kinder Surprise and is available in Coles supermarkets 🥚🍫 #snackreview #aussiesnacks #aussietreats #tastetest #snackalert #snackfind #newfoodfind #fyp #foryoupage #foodreview #limitededitionsnacks #snackfindsaustralia #junkfood #foodtok #foodtiktok #australiansnacks #kindersurprise #kindersurpriseeggs #kinderjoy #ferrero #fererro #kinder #kinderegg #kinderchocolate #colesfoodfind #chocolatereview

♬ Cool Kids (our sped up version) – Echosmith

As shown, the design of Kinder Joy sidesteps the FDA law by keeping the toy self-contained, separate from the food item. The premise is similar to McDonald's iconic kid and adult happy meals. Still, out of an abundance of caution, the packaging in the United States features a warning label stating that the product presents a choking hazard for young children. The Kinder Joy egg is the closest Americans will legally get to experiencing the excitement of a Kinder Surprise Egg. As for now, Kinder Surprise Eggs continue to be one of the tastiest of all the contraband items one can try to get through customs.