The nerve…

OH MY WORD. It is GO time, people. I was just on my email and there, at the top, was this blurb: “Legal version of Kinder – – There’s 1 surprise egg legal in the USA. Tested safe for all ages!”

Oh no they did NOT just do that. The absolute nerve. Kinder eggs are CLEARLY labeled as not suitable for 0 to 3. I know that ChocoTreasure monitors our progress so I address this to them: You have gone too far. Ferrero Kinder Surprise Eggs are quality chocolate eggs with fun, unique toys. I’ve had your ChocoTreasure and you are NO Kinder. Game. On.


Contact information for ChocoTreasure. Perhaps they can explain why their product is legal and Ferrero Kinder Eggs are not. (ChocoTreasure – made in China, distributed by a company in New Jersey.)


Filed under Information

6 responses to “The nerve…

  1. Deb

    Hey – Deb from Choco Treasure here. FYI, our chocolate eggs are made with Swiss Chocolate – and then formed in Turkey (not China). We moved egg production to Turkey about a year ago. You can read an explanation of why Choco Treasure eggs are legal here: and see an animation here: – Hope that explains things a bit!

  2. Deb

    Hello again – Wanted to add a little to my post from yesterday. Please know that we’re trying to do the best we can under US law. Hey, we like Kinder too… they were the inspiration for our product! From a toy perspective, we’d totally prefer to have toys with smaller parts as they do, but cannot because of CPSC regulations that our toys have to be safe for all ages, not just 3+. We have to work within the existing laws or we couldn’t have anything here at all. From the candy side, while we don’t make our eggs with the white confection and milk chocolate combination they do, we make ours out of 100% milk chocolate from Switzerland..

    We believe this is probably the most passionate community for surprise eggs on the web, so we’d actually really appreciate your help in creating fun toys that also pass testing with the Consumer Products Safety Commission. We know we’re not the Kinder eggs you love, but we’d genuinely appreciate your creativity and insight to make ours as close to what you love as possible. Toys have to be big enough not to fit in a choke tube, but of course small enough to fit in our capsules (which is much larger than a typical surprise egg capsule because it has to be safe for all ages). Please let us know if you have any toy or product suggestions!! We’d really really love your input.


    • Blog Operator

      “CPSC regulations that our toys have to be safe for all ages, not just 3+.” Would you please provide the gov’t link for this requirement?

  3. Deb

    The link is The relevant CPSC code is 16 C.F.R. § 15012(b). For background, here’s a letter that was sent to a FTE contributor about a year ago from the CPSC.

    Thank you for contacting the U.S Consumer Product Safety Commission (CPSC) regarding Kinder Surprise Eggs. You asked us to clarify the ban on Ferraro Kinder Surprise Eggs in the United States. The CPSC staff considered the toys marketed with Ferarro Kinder Surprise Eggs to be intended for children under three years of age. Therefore, they must comply with the small parts requirement under 16 C.F.R. Part 1501. When the toys within the plastic shells that are enclosed in the chocolate, contain small parts and are intended for children under age three years, they are considered banned in the U.S. and cannot be sold. If the toys inside the plastic shell of the chocolate egg does not contain small parts, they are not banned in the United States. In determining what toys and children’s articles are subject to the small parts requirement, CPSC staff considers the following factors under 16 C.F.R. § 1501.2(b): “[T]he manufacturer’s stated intent (such as on a label) if it is a reasonable one; the advertising, promotion, and marketing of the article; and whether the article is commonly recognized as being intended for children under 3.” It is prohibited to sell, offer for sale, manufacturer for sale, distribute in commerce or import in the United States any toy intended for children under three years of age that contains small parts.

    • Blog Operator

      This regulation would be legitimate and relevant if the Kinder Egg toys were intended for those under the age of three. However, Kinder Eggs are clearly labeled for over the age of three. If you go to this link: you will see pictures of the label. Ferrero provides not only an image warning but a written warning. They cannot get any more clear than that.

  4. Dory

    Also, would like to add–as a long time Kinder connoisseur–the Choco Treasure eggs are SUB PAR in chocolate quality. And the Kinder Eggs have been labelled as for over-three at least since the 1980’s when I was eating them!

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