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I just came across this info-graphic:


(source: adsoftheworld.com)

Is it true that Kinder Surprise eggs are currently, or previously, banned in the US?

Glorfindel
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Jamiec
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  • Comments are not for extended discussion; this conversation has been [moved to chat](https://chat.stackexchange.com/rooms/91898/discussion-on-question-by-jamiec-are-kinder-surprise-eggs-banned-in-the-us). – Jamiec Apr 03 '19 at 08:05

1 Answers1

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It is true.

Since 1938 US law has banned such items and adults have been arrested for being in posession of Kinder surprise:

the Food, Drug and Cosmetic Act, which prohibits any “non-nutritive component” (for example, a toy) from being embedded in a confectionary product Ref Ref

The specific law is codified in the United States Code, Title 21, Section 342(d)(1).

In total, six children worldwide have choked to death on Kinder surprise toys since 1991.  Ref

On average, a child will die every 5 days in the United States from choking on food.

Ref. That equates to around 1,600 deaths since 1991. So, the measure might save the life of one US child every twenty or thirty years.

Compro01
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RedGrittyBrick
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    Note that this was not a question about gun control. Please don't tun this into something political - it's not. Its merely a question about Kinder Surprise. – Jamiec Apr 19 '13 at 13:51
  • @Jamiec: Fair enough, I should have ignore the other half of the image I guess. – RedGrittyBrick Apr 19 '13 at 13:54
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    @Jamiec I feel like because of the image, it's an appropriate answer. – Wertilq Apr 19 '13 at 13:55
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    Also, I failed to find any evidence that "6 children worldwide have choked to death on Kinder surprise toys" in either of your references. (Its not inconceivable that I missed them!). – Jamiec Apr 19 '13 at 13:55
  • @Jamiec: reference added. – RedGrittyBrick Apr 19 '13 at 14:01
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    It seems from the link the problem is that the toys inside are not safe even if not in food. – Chad Apr 19 '13 at 14:38
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    @Chad: Yes, as we all know, small children can choke on small toys and other small items. However it seems the US law was intended to stop people in general from accidentally ingesting small objects concealed inside food whilst eating it. This is very unlikely with Kinder surprise as the small contents are protected inside a plastic container that is too large to cause choking in small children. The toys are similar in size to other plastic toys but are usually assembled by the purchaser from smaller parts. The ban does not arise from a law regulating the toy itself. – RedGrittyBrick Apr 19 '13 at 14:46
  • @RedGrittyBrick - The toys enclosed would be illegal to sell in the US even if they were not in chocolate eggs. – Chad Apr 19 '13 at 14:50
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    @Chad: gosh! (any references to relevant law?) – RedGrittyBrick Apr 19 '13 at 14:51
  • It is in the reference you provide. You might want to read what you link to so that you can understand what it is you are claiming.. – Chad Apr 19 '13 at 14:53
  • [This sort of thing?](http://www.amazon.com/Mini-Green-Soldiers-U-s-Army/dp/B0016KTOX2) – RedGrittyBrick Apr 19 '13 at 14:58
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    I get that 1600 deaths * 5 days per death / 365 days per year = 22 years = 2013 - 1991. But what has that got to do with 6 children worldwide, and/or one US life every twenty or thirty years. I can't see the connection between the calculation and your conclusion. – Oddthinking Apr 19 '13 at 17:36
  • @Oddthinking 6 Kinder choking deaths / 1600 Total choking deaths * 5 days per death. – Loren Pechtel Apr 19 '13 at 18:56
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    @Loren: That number doesn't mean anything. If Kinder Surprise eggs have been sold to one child per year, world-wide, the 6-death choking hazard is incredibly high. If they are sold to 1 billion children a year, the choking hazard is fairly low. There has been no attempt to account for populations here; mixing the two figures seems meaningless to me. – Oddthinking Apr 19 '13 at 23:39
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    @Oddthinking 5 years ago they were close to 2 billion kinder eggs per year. I worked on the team generating a unique code for each egg. – Sklivvz Apr 20 '13 at 02:02
  • @Oddthinking: The number of eggs sold affects the risk per egg. It has no effect on the expected choking deaths unless there is a non-uniform distribution. He was just figuring the % of choking deaths caused by the eggs and applying that to choking deaths in the US. – Loren Pechtel Apr 20 '13 at 02:31
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    @LorenPechtel: That's a nice idea, if you are willing to wave your hands and assume even distribution of Kinder Surprise sales: Take the ratio of Kinder Surprise choking deaths worldwide to the total choking deaths in those areas, and multiple that by 1600 to get an estimated increase in deaths in the USA. But that *isn't* what was done. – Oddthinking Apr 20 '13 at 04:17
  • Has this law been changed? I'm almost certain I've seen Kinder Surprise eggs in stores in the US. – Someone May 25 '23 at 14:11
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    @Someone: You may be seeing Kinder **Joy** eggs not Kinder **Surprise** eggs. AFAIK KInder produced Joy for the US with the toy packaged separately from the chocolate, unlike the Surprise where the egg contains the toy. – RedGrittyBrick May 25 '23 at 15:00
  • @RedGrittyBrick oh yeah, Kinder Joy is what I've seen. – Someone May 25 '23 at 15:02