Just to clarify for people, they are not banned because of choking or anything like that. They are just caught under the somewhat broad wording of food safety laws much older than the product itself, and are not an important enough exception to go through all the trouble of re-writing them.
Simplified as much as possible (I am not a lawyer), anything contained within a food product must be approved as safe for consumption (to avoid companies putting antifreeze in cough medicine, for example), with the only exception being embedded inedible objects "necessary" for the function of the product, such as lollipop and popsicle sticks. The toy egg has no structural value to a chocolate egg, and the lack of a toy egg does not stop a chocolate egg from functioning, so kinder surprise eggs do not qualify as an exception.
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Just to clarify for people, they are not banned because of choking or anything like that. They are just caught under the somewhat broad wording of food safety laws much older than the product itself, and are not an important enough exception to go through all the trouble of re-writing them.
Simplified as much as possible (I am not a lawyer), anything contained within a food product must be approved as safe for consumption (to avoid companies putting antifreeze in cough medicine, for example), with the only exception being embedded inedible objects "necessary" for the function of the product, such as lollipop and popsicle sticks. The toy egg has no structural value to a chocolate egg, and the lack of a toy egg does not stop a chocolate egg from functioning, so kinder surprise eggs do not qualify as an exception.