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Author Topic: is it forbidden ???  (Read 12980 times)

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Offline kmlv23

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Re: is it forbidden ???
« Reply #45 on: February 01, 2012, 12:13:37 AM »
Apparently this is based on a really old law... 1938

Federal Food, Drug, and Cosmetic Act (FD&C Act) - Sec. 402. [21 USC §342] Adulterated Food

Quote
(d) Confectionery containing alcohol or nonnutritive substance. If it is confectionery, and—

(1) has partially or completely imbedded therein any nonnutritive object, except that this subparagraph shall not apply in the case of any nonnutritive object if, in the judgment of the Secretary as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health;

(2) bears or contains any alcohol other than alcohol not in excess of one-half of 1 per centum by volume derived solely from the use of flavoring extracts, except that this clause shall not apply to confectionery which is introduced or delivered for introduction into, or received or held for sale in, interstate commerce if the sale of such confectionery is permitted under the laws of the State in which such confectionery is intended to be offered for sale; or

(3) bears or contains any nonnutritive substance, except that this subparagraph shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this Act, except that the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph, issue regulations allowing or prohibiting the use of particular nonnutritive substances.

We used to have the Nestle Wonder Ball over here but they got busted too. We don't have a specific law that says "NO KINDER SURPRISE ALLOWED!" But we do have laws about people adulterating food with non-edible objects. That's great when we're trying to avoid razor blades or whatever. Not so great when we want a toy inside our tasty treat!

Like was previously said, Mars called Nestle out and then there was no more Wonder Ball. And no more Kinder Surprise either!

(Archived conversation from the old board: http://www.mlparena.com/Forums/viewtopic/t=255067/postdays=0/postorder=asc/start=0.html)
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Offline Kiwi

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Re: is it forbidden ???
« Reply #46 on: February 01, 2012, 01:02:06 AM »
My peanuts don't say "May contain nuts" they say "May contain peanuts". I find myself wondering what the heck else is in this package if it's not peanuts.

If I buy a package of peanuts, I'd kind of hope that it contained peanuts - that's what I bought it for. It's like sleeping pills warnings, "may cause drowsiness".... yeah, that's kinda what I'm hoping for :P
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Offline Eviecorn

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Re: is it forbidden ???
« Reply #47 on: February 01, 2012, 01:20:57 AM »
I'm at peace with them not being sold in the US; that's fine.  But to not allow an adult to bring them over for herself as a souvenir is just ridiculous.  We're such a babysitter state.

Oh well.  I just want the toys anyway.  I don't even eat the chocolate.  I'll start removing the toys from the package BEFORE I come back, hahaha.

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Offline melodys_angel

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Re: is it forbidden ???
« Reply #48 on: February 01, 2012, 03:12:26 AM »
*looks at her monkey stamp*  We get them from time to time.  The chocolate actually brings me back to my childhood.  I wasnt really into kinder surprise but the company makes the same type of chocolate into small bars for kids.  When I went overseas we would  get a few^^
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Offline StoryDreamer

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Re: is it forbidden ???
« Reply #49 on: February 01, 2012, 03:19:40 AM »
You'd be so surprised at what things that aren't food-based have peanuts in them. And peanut allergy parents are constantly lobbying.

Just like a parent whose kid would swallow a toy would lobby.

If they packaged like they do Easter Bunnies in large boxes with warnings, it'd be great if they could sell them here!

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Offline Rhini

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Re: is it forbidden ???
« Reply #50 on: February 01, 2012, 04:02:41 AM »
I applaud the valiant efforts of any child who swallows one of their toys, seeing as the toys (at least now) are encased in a plastic eggs themselves, which are extremely hard to get open and roughly the size of a small potato. If they got the egg open, it would be the same as any other toy with small parts, irrelevant of it having been inside a chocolate shell. Should we ban boxes because they may contain small parts inside? lol Apparently German children are not as stupid as they never seem to have a problem.


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Offline zuse

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Re: is it forbidden ???
« Reply #51 on: February 01, 2012, 04:08:02 AM »
I applaud the valiant efforts of any child who swallows one of their toys, seeing as the toys (at least now) are encased in a plastic eggs themselves, which are extremely hard to get open and roughly the size of a small potato. If they got the egg open, it would be the same as any other toy with small parts, irrelevant of it having been inside a chocolate shell. Should we ban boxes because they may contain small parts inside? lol Apparently German children are not as stupid as they never seem to have a problem.


I hate it when the stupidity/greed of the few ruins everything for the rest of us. THIS IS WHY WE CANT HAVE NICE THINGS!

No, we don't have them because there is a law (1930s) that says you can't put things that aren't food into confections. Nestle started making a candy here called Nestle Magic but the FDA warned them it violated the law. So they hired lobbyists and lawyers to get the law rewritten so we COULD have toys in our candy.

Meanwhile, Mars candy company (M&Ms, Snickers, etc.) was jealous and did their best to kill it. I imagine they made sure "concerned" parent groups knew about it so they would speak against the candy.

Nestle finally gave up. A few years later they made the Wonder Ball but it had candy pieces inside instead of toys.

Nestle tried to make it legal. Mars made it difficult for them. On paper Mars would probably say they were looking out for children, but you know it was probably just them having a go at the competition.

In other news, I've received several boxes of Kinder Surprise in the mail without a problem. I haven't been that impressed with the toys. I want the cute little plastic figures but they only seem to have one per 3 pack. I always end up with these stupid spinning top things or gliders. I did get a really cute little car, though!
« Last Edit: February 01, 2012, 04:10:50 AM by zuse »
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Offline TheFuzz

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Re: is it forbidden ???
« Reply #52 on: February 01, 2012, 04:45:32 AM »
The only way I can get them is through a friend from Germany; he sends us a big box of candy every year. It's difficult to get them through customs, but if you mail them nobody checks. I live pretty close to Canada though, I wonder if they sell them there?
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Offline kiwimlp

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Re: is it forbidden ???
« Reply #53 on: February 01, 2012, 06:24:07 AM »
I've sent them in a number of swap boxes before and have never had any problems.  I guess customs are too busy looking for drugs to worry about chocolate eggs!

Offline PonyMonsters

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Re: is it forbidden ???
« Reply #54 on: February 01, 2012, 11:43:29 AM »
Woah, can't believe kinder eggs are forbidden in the US! :(
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Offline Wardah

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Re: is it forbidden ???
« Reply #55 on: February 01, 2012, 08:52:24 PM »
I applaud the valiant efforts of any child who swallows one of their toys, seeing as the toys (at least now) are encased in a plastic eggs themselves, which are extremely hard to get open and roughly the size of a small potato. If they got the egg open, it would be the same as any other toy with small parts, irrelevant of it having been inside a chocolate shell. Should we ban boxes because they may contain small parts inside? lol Apparently German children are not as stupid as they never seem to have a problem.


I hate it when the stupidity/greed of the few ruins everything for the rest of us. THIS IS WHY WE CANT HAVE NICE THINGS!

No, we don't have them because there is a law (1930s) that says you can't put things that aren't food into confections. Nestle started making a candy here called Nestle Magic but the FDA warned them it violated the law. So they hired lobbyists and lawyers to get the law rewritten so we COULD have toys in our candy.

Meanwhile, Mars candy company (M&Ms, Snickers, etc.) was jealous and did their best to kill it. I imagine they made sure "concerned" parent groups knew about it so they would speak against the candy.

Nestle finally gave up. A few years later they made the Wonder Ball but it had candy pieces inside instead of toys.

Nestle tried to make it legal. Mars made it difficult for them. On paper Mars would probably say they were looking out for children, but you know it was probably just them having a go at the competition.

In other news, I've received several boxes of Kinder Surprise in the mail without a problem. I haven't been that impressed with the toys. I want the cute little plastic figures but they only seem to have one per 3 pack. I always end up with these stupid spinning top things or gliders. I did get a really cute little car, though!

Don't you love how private companies can use the government to have a go at their competition?
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Offline kaoskat

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Re: is it forbidden ???
« Reply #56 on: February 01, 2012, 08:58:48 PM »

Don't you love how private companies can use the government to have a go at their competition?

What are laws for if not company cat fights?
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Offline zuse

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Re: is it forbidden ???
« Reply #57 on: February 02, 2012, 12:56:19 AM »
Well, a lot of parts of that law were important (such as requiring testing before selling drugs, etc). With the 1906 law, if people died because of a product, they gave you a fine and just assumed the damaged reputation of your company would be punishment enough.
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Offline StoryDreamer

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Re: is it forbidden ???
« Reply #58 on: February 02, 2012, 02:12:28 AM »
There's always a loophole in a law. Always! 

Zuse, I agree with your points 100%.  And after that plastics scare in China a couple years back, I really don't want plastic in my candy unless it's wrapped and even then..
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Offline xkelpiex

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Re: is it forbidden ???
« Reply #59 on: February 02, 2012, 06:44:09 PM »
Oman, I get these every Easter! LOVE THEM! But, I can see how a kid could choke. If they bit right into it, the pressure of their teeth could hit the crease of the plastic eg inside, causing it to break open and a small piece could potentially fall down their throat. BUT, it's up to the parents to monitor their children with something like that. I understand the precaution, but at the same time I think it's stupid.
PLUS, kinder choclate is the best chocolate. MMMMMM. I'll be thinking of this with the next swap package I send.