Okay, let’s start by explaining what Kinder surprise eggs are. For those of you who have not tasted this delicious candy, Kinder surprise are chocolate treats that are shaped like an egg and inside that egg they contain a small surprise toy.
Here’s how they look when opened:
They are produced by Ferrero, you know, that company that makes Nutella, and 3.5 billion of them are sold throughout the world every year. But not in the U.S. though. Because in the land of the free, this beloved candy is illegal. But have you ever wondered why? (the article continues after the ad)
Because Kinder surprise eggs contain a hidden toy inside the chocolate, they violate a 1938 FDA regulation which states that lollies should not contain “non-nutritive objects”. Due to this choking hazard, Kinder surprise is illegal in the U.S. since its inception in 1974.
However, Ferrero announced that starting in 2018, they will sell in the U.S. market a variation of the Kinder surprise, called Kinder Joy. This Kinder Joy is still made of two separated halves with one containing the candy and the other one the toy. In this case though, the candy is chocolate cream (not hard chocolate) so it’s quite different. Well, it’s different enough to get around the 1938 law.