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!

There used to be an amazing guide page (Pink-Aisle.com) by someone called mlpsweetberry/toyznmoretoyz.

And then they disappeared off the face of the planet. The domain name and the hosting expired.

It never made it onto the Wayback Machine, unfortunately.

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

(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)