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?

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    – Jamiec
    Apr 3, 2019 at 8:05

1 Answer 1


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.

  • 13
    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, 2013 at 13:51
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    @Jamiec I feel like because of the image, it's an appropriate answer.
    – Wertilq
    Apr 19, 2013 at 13:55
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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. Apr 19, 2013 at 14:46
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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, 2013 at 17:36
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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, 2013 at 23:39

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