This is because you are not allowed to have inedible objects embedded inside edible produce. This is a less than well thought out law which aims to do something very sensible: stopping food manufacturers from leaving all sorts of debris in their food items which can break teeth, lacerate your mouth, or even kill.
And while everyone likes to make fun of America because of Kinder Eggs, most other countries have laws that are even worse. Like, for example, in the UK it is technically illegal to remove a fish from a fish tank without a fishing rod and a rod licence.
@CaptainBritain ok thank you for clearing that up cause I was just imaging England trying to get his goldfish out of their bowl so he can clean their tank, using a fishing rod
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.
@Callback Incorrect. A surprise is quite essential and vital for a surprise product to function, you know. You can only doubt it because you are an American and didn't grow up with them being available. Although it has been ages since I was a little kid, I can assure you the capsule and toy hidden within the chocolate egg is 100% necessary for the product. The chocolate itself was always of inferior quality to real chocolate bars (not that children would pay much attention to that), but it's nevertheless a clear sign the chocolate wasn't the point of those surprise eggs, the surprise was.
Perhaps companies operating in the USA were merely worried about the overdeveloped American justice system and decided not to risk it. It's not worth it to earn 10 million selling chocolate eggs, but then lose 100 million in the court.
@Louhikaarme Just because the surprise is essential for the product to be a surprise product doesn't mean the surprise has to be *inside* the product. As a surprise product, Kinder Eggs function just fine when the surprise is contained outside the egg, as in the "Kinder Joy" version; contrast that with a popsicle or lollipop, which would be much more difficult to use if the treat and stick were packaged separately. I say this as someone who grew up with them available and has lived in the US for many years.
And on that note, the US justice system isn't nearly as overdeveloped as general opinion would have you believe. Unfortunately, that's's because most of that general opinion is driven by smear campaigns from people who think that the best way to undermine the US justice system is to get people to think that Americans are sue-happy and need to be taken down a peg. Most frivolous lawsuits we hear about are either a) thrown out of court immediately, or b) perfectly reasonable but unique in a way that sounds very bad. See: https://www.youtube.com/watch?v=s_jaU5V9FUg
'@AmadeusMop' Unpossible, that doesn't let me say, "lol, whole country am dumb!" I wanna say whole country am dumb and believe it's really true instead of just a joke.
"Virginia
Children are not to go trick-or-treating on Halloween"
Children who are 13 and younger can go trick or treating its teenagers and adults that are 14 and older who aren't allowed to go trick or treating
also, Wyoming is the only one of those laws that make any logical sense, I mean when people go to the theater they want to see the movie and it will cause a lot of problems if some guy just wore his cowboy hat into the theater and didn't take it off
@Monogreen I do have to wonder though, why some of these were put into law in the first place. Some of them make a lot of sense many years ago, but some of these feel like complete nonsense.
@IronKraken Dumb laws like this always make me wonder under which circumstances these laws were created. Some of them make sense but just haven't been relevant for a number of decades, but others, like Pennsylvania or North Carolina I can't imagine circumstances where these laws would need to be put in place.
@Monogreen Nearly all such dumb law lists notably fail to cite any actual source, aside from perhaps other dumb law lists.
I know the North Carolina one is believed to be a reference to a 150 year old case where someone was fined for disturbing the peace over some apparently horrible singing, a charge that was overturned on appeal.
Others are only dumb sounding because they are weirdly specific statements of perfectly sensible laws. Hunting camels is illegal, because camels aren't recognized as game animals.
@Steeeve Kinder eggs are halved really easily. You just squeeze it slightly. Not that they're meant for a child under 3 years old anyway. The wrapping is rather dull and has a not-for-under-three-year-olds marking. Older children simply want them for the content and couldn't care less about the package.
They WERE banned from somewhere in the 1930s to... 2017, I believe. The ban has been lifted for several years now.
...Because the USA is the only place in the world where morbidly obese children will try and put the entire, 6.5cm chocolate egg in their mouth at once. :/
@Hinoron Not at all the reason for the ban! It's actually just poor wording in a law. The law banned "plastic inside of food for any reason other than support" which basically allowed popsicles and suckers to keep their sticks, but banned any other plastic from being in food. The intent was that plastic can be used to make fake rice and a few other things, so they wanted to ban that. The effect was... not that.
It's like how horse meat is illegal to sell, but not to cook or eat, because to sell meat in the US there must be an FDA approved grading system for that meat, and they just never made one for horse.
Also, they're still banned. Kinder just made the Kinder Joy Egg for US sales.
@Hinoron no they're still banned in the US, they may not have been banned in Canada but according to U.S law from the 1930s which doesn't allow inedible objects in food, it been banned before Kinder Egg Surprise was invented
The US is allowed to have Kinder Egg Joy, which is half candy on one side and a toy on the other, honestly, I didn't really like it cause it white chocolate cream with a round cookie inside toy was fun though
You are correct. I did not read the whole article: In my defense, it has a VERY misleading introduction:
After [u]Being Banned[/u], Kinder Eggs Are Coming To America Kinder Eggs are coming to the U.S. — legally. The hollow chocolate egg with the toy surprise inside [u]has not been[/u] allowed in the states due to a 1930s law banning candy with non-food objects inside...
going [/url= full link ] title of link [/url]
(with out the first / in front of the URL I had to add it there so it doesn't think I made a short cut link
'@BananaJewell'' #9860131' your best hope is parts kit that was salvaged from abandoned Romanian warehouse that was forgotten for 40 years and was only recently rediscovered. That would be $20k, plus NFA transfer, for a small extra fee of few thousand dollars you'll get a box of sketchy Polish surplus ammo. If you have a dog - better give it away, in case ATF wants to talk to you.
And while everyone likes to make fun of America because of Kinder Eggs, most other countries have laws that are even worse. Like, for example, in the UK it is technically illegal to remove a fish from a fish tank without a fishing rod and a rod licence.