The main reason they were illegal was not because the government thinks fully grown Americans won't notice the toy, but because they're worried that young children (especially under 3) will just try to swallow them. Any item with any sort of danger of a small child with underdeveloped lungs choking with it (from small Lego pieces to big zip-seal bags) is heavily regulated and has to have some sort of warning. So with Kinder Eggs for a while they didn't even bother. It's not the dumbest thing about American law, trust me.
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The main reason they were illegal was not because the government thinks fully grown Americans won't notice the toy, but because they're worried that young children (especially under 3) will just try to swallow them. Any item with any sort of danger of a small child with underdeveloped lungs choking with it (from small Lego pieces to big zip-seal bags) is heavily regulated and has to have some sort of warning. So with Kinder Eggs for a while they didn't even bother. It's not the dumbest thing about American law, trust me.