There are a couple reasons why these delicious Kinder Surprise treats are illegal in the U.S.
Aside from children potentially choking on the tiny toys inside, the food Drug and Cosmetic Act of 1938 prohibits the embedding of non-food items completely enclosed inside food items, unless the non-edible part has a functioning value.
For example a lollipop or popsicle stick is not edible but is a useful handle. This Act was originally put into place to prevent the addition of hazardous items to procecced food and has never been changed.
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