Kinder Surprise eggs are banned in the U.S. due to safety concerns stemming from a law in the 1938 Food, Drug, and Cosmetic Act, which prohibits non-nutritive objects like the toy inside the egg from being embedded in food.
The U.S. Food and Drug Administration (FDA) considers this a choking hazard, even though the product is legal in many other countries.
Despite Ferrero’s efforts to ensure safety through warning labels, the ban remains in place. In recent years, alternative versions have been introduced in the U.S., but the original Kinder Surprise remains illegal.