Kinder Surprise chocolate eggs containing toys are not toxic for consumption, however they have been banned in the U.S., and in 2009, American customs officials confiscated 25,000 of the treats, which are considered illegal contraband and carry a $300 fine.
On January 10, 2011, it was reported that a Kinder egg was seized from a woman’s car during a random inspection while entering the United States from Canada. Seizures such as that one, and even the prohibition of the product itself, are frequently cited on political blogs and web forums as an example of a "ridiculous" application of law.
In 1993 the Ferrero Group applied to have the eggs sold in the U.S, but was turned down because of a prohibition against having an inedible item inside an edible object. More recently, the U.S. Consumer Products Safety Commission determined in 2008 that the product did not meet the small-parts requirement for toys for children under the age of three, creating a choking hazard for young children.
Europe has announced it may soon follow suit in July of this year. Faced with significant loss of revenue, the Italian chocolate maker Ferrero has already begun to adapt its products to new manufacturing standards.