We’ve been getting comments from folks about foods sold in the US that violate the laws that are used to keep Kinder Surprise Eggs out of the States. So we thought, why not have a violator’s page? We are not trying to get rid of these other foods, but hope to make a point – Kinder Eggs are being unfairly targeted. Dare I say it? Yes, I believe I will – Kinder Eggs are being targeted because they would be too successful. Yep, that’s what I personally believe.
To make our point about the law being moot (I’ve been dying to use that word) and the gov’t targeting our lovely Kinder Eggs, here are the violators mentioned before. Think of others? Send them in.
**** Thanks to Stephanie Price for sharing this violator with us.
Choco Treasure – http://www.chocotreasure.com/index.html
Sold as “A chocolate egg with a toy surprise inside,”
Say it with me….”WHAT???”
How are these are legal – You can see their plastic capsule between the two halves of the egg. Because you know how shocking it is to open a Kinder Egg and see a capsule. Freaks me out every time. (snark intended)
**** King’s Cake – Now before all you Mardi Gras people send nasty grams, remember that we are not trying to rid the US of any of these foods. We’re just trying to add one more treat to our lives! 🙂
From Wikipedia –
A king cake (sometimes rendered as kingcake, kings’ cake, king’s cake, or three kings cake) is a type of cake associated with the festival of Epiphany in the Christmas season in a number of countries, and in other places with Mardi Gras and Carnival...In the United States, which celebrates Carnival in the Southeastern region, it is associated instead with Mardi Gras traditions.
The cake has a small trinket (often a small plastic baby, sometimes said to represent Baby Jesus) inside, and the person who gets the piece of cake with the trinket has various privileges and obligations (such as buying the cake for the next celebration).
How these are legal – I have no idea. They are definitely embedded. If you get the baby separately and stick it into the cake, then you’re the one breaking the law. Just thinking like Judge Judy here.
****Cracker Jack – the staple of baseball enthusiasts everywhere. Also, a food we’re unable to have in our room. Major peanut allergy in this house. Despite that random information – Cracker Jack falls under the “Violator” category.
From Cracker Jack’s official site –
Cracker Jack brand has been an American favorite for more than 105 years. The delicious blend of caramel coated popcorn and peanuts is just as good as you remember. And who can forget the thrill of opening the toy surprise inside!
How these are legal – Technically, the toy isn’t “embedded”.
July 24, 2012 – Thanks to a Free The Egg supporter, we have a new violator! The fortune cookie. Can you imagine if the gov’t banned them?
How these are legal – No clue. Some Kinder Eggs have puzzles in them. Are they any different?
Free the Egg 
I buy Kinder eggs all the time at a independent grocer near me in Atlanta. I never realized they were smuggled in.
Just don’t tell anyone. Enjoy them, Jeff! When I move back to the States, I might just contact you to find out where your “supplier” is and drive up to get my “fix”. 🙂
I live in ATL and can’t find them. Where is the store you get them from? I love them so much and haven’t had one in about 13 years 😦
I live in Atlanta…where do you get them?!
I’ve been waiting to see if someone replies, but so far it has been silent. Since the eggs are illegal, you may not be able to find them in Atlanta. If someone knows otherwise, please respond. I have to approve every post before it is published. If you’re giving a location that sells the eggs, I will not publish it but will keep it handy in case someone needs a “fix”. lol
yes, they sold these treasure eggs made in china here at our safeway store this easter for $1 a piece…i bought them, took them apart and took photos of the toys the chocolate smelled awful and i threw it away because i do not eat food made in china after all the poisoned baby formula and pet food scandals….
so Made in China toys and chocolate is okay with the FDA for american children? this is a scandal and we should inform 60minutes to investigate!!! lets do it….i check out their facebook page and suggest a report!!!
Ah! I am angry! I see choco treasure and chupa chups chocolate eggs with toys inside sold….This is ridiculous. To have such embarrassing substitutes to Kinder’s great tasting chocolate and unique, fun toys…I am no longer a child, but I have a collection dating back to early 90’s which I refuse to stop fulfilling.
I’m sorry but that cake looks nasty.
A King Cake isn’t really a cake. It’s more like a giant cinnamon roll. They’re kind of ugly when the colored sugars run together, but they taste divine.
Need a kinder fix. Where can I get them in Atlanta area!!! Please respond!! Desperate!!! I promise not to compromise this source.
I’m not sure Cracker Jack boxes actually have “toys” really, not anymore. Mostly lame little paper comics, or a “holographic” image on occasion. Even using the term prize would be too kind, I remember lamenting the decline of the prizes (even though they weren’t wonderful when I was a child) in the late 90s.
I’ll bet they changed their prizes because of issues like this. The other two however? I don’t understand how Choco Treasures can be sold when Kinder Eggs can’t, and I don’t see bakery raids around Mardi Gras to make sure that they aren’t putting in plastic babies.
My spouse and I stumbled over here by a different page and thought I might as well check things out.
I like what I see so i am just following you.
Look forward to going over your web page repeatedly.
I know this is an old article but I stumbled on this page when I was searching to see how the king cakes can be allowed but not Kinder Eggs as I’m also a huge Kinder Egg fan.
I think the king cake violates the rules – still not sure how it is allowed.
All the other items though do not violate the rules. The rule is that you can’t have an inedible item COMPLETELY surrounded by food. So in the case of the Choco Surprise you can see they intentionally make the plastic egg inside have an edge in the center that sticks out so the chocolate doesn’t cover it. On a Kinder Egg you can’t see any part of the plastic on the outside.
The Cracker Jacks aren’t completely surrounding the item because the item is just placed loosely in the box. It’s not actually part of the individual food items. The same is true with inserts in cereal.
Fortune cookies are allowed because they don’t completely surround the fortune. You can see the fortune if you look through the ends or the center slit in the cookie.
King Cakes though… that makes me mad! Where’s my Kinder!??!! I wonder if there are any commercially sold king cakes or if it is mainly a local bakery thing and that’s how they get away with it.
Very good points! You are absolutely right. Missing my Kinders, too. 😦
Where I live they leave the baby on top of the king cake, not a TRUE king cake in my opinion. I believe the law states that non-nutritive items may not be partially or wholly embedded within food; this would make decorated bakery cakes a violator. I still don’t see how Choco Treasure gets away with it. If I saw one without reading about it first, I might’ve thought it had a candy flavored stripe around it, similar to the candy pieces on an Easter bunny.
I never even thought about the Kings Cakes theory. I was proposed to once with a plastic ring inside a birthday cake. Gasp, the guy belongs in jail I guess. Haha, snark intended. I’m going to France next month to visit my fiancé. I will be indulging in my first Kinder Egg. I will be also broken hearted not being able to bring any back for my two daughters who are obsessed with the KS youtube videos. I’m not interested in Choco Treasure. If I can’t get the Real Deal, I don’t want it at all. #freetheegg
I think the difference between a kinder egg and the egg shown here is that the capsule inside the kinder egg is small and some people might not know its in there and than a kid takes a big bite and could choke as for the egg shown here you can see theres something in the chocolate and the capsule is big it’s the size of the egg so a kid probably could not even fit it into his mouth. I love kinder eggs, i grew up with them but I had no idea they were banned here(i grew up in Europe ) . I still get them for my son who loves the YouTube videos, if you want to find them make sure you look in small European stores, who import food from Europe You might have to visit an European community. I’d say Italian, polish, Russian, French corner stores, delis, bodegas, lil grocery shops or whatever you wanna call them. It is a silly ban if you ask me.
I’m curious to know if you ever found the place in Atlanta that sells Kinder Surprise Eggs. The Buford Highway Farmer’s Market sells the Choco Treasure Eggs. I’m not sure where else you can find them.
Nope. I have no clue. 😦
I Love kinder eggs! My German friends brought me some from Germany! America really annoys me for banning kinder eggs!!😡 I just want to go to Europe and buy 100 kinder eggs to last my life!
#freetheegg
Fortune cookies are legal because paper can be eaten, just FYI.
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Fortune cookies have a small gap, like those knockoff kinder eggs you showed. The inedible portion has to be completely embedded, otherwise popsicles and shishkebabs would also need to be on this page.