Restoring Ferrero Kinder Eggs to the United States

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Dear Sir or Madam,

In 1938, the Federal Food, Drug, and Cosmetic Act prohibited the embedding non-nutritive items in confections. This obscure law has resulted in a ban on a popular childs treat that is sold in over 100 countries around the world. The Ferrero Kinder Egg became a part of family tradition in 1972. Its delicious chocolate shell surrounds a sealed plastic capsule which holds a small toy or puzzle. The eggs are marketed to kids ages three and up and are as widely proliferated and recognizable to children across the world as McDonalds Happy Meals are to our kids.

In 1997, the US Consumer Product Safety Commission recalled Kinder Eggs from shelves in stores across the United States. Citing this 1938 law,
Sec. 402. [21 USC 342] Adulterated Food

Note: revisions were posted to this section in December 2007.

A food shall be deemed to be adulterated

(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;

We believe the intent of this law is to protect people from objects hidden in food of which they are not aware. Parents have the responsibility to protect their children from all types of dangerous items around the house 24 hours a day. We do not believe the introduction of this treat adds any new level of threat. Since the adult who purchases the egg knows there is a toy inside, the toy can be supervised with less effort than administering a child his first solid food, preparing for losing a first tooth, or any number of parenting challenges we are able to navigate every day. In addition, each Kinder Egg is clearly marked with a label stating the toy is not intended for ages 0 to 3. This warning puts the burden of responsibility on the purchaser.

We ask you to please look into this matter and help us restore the Ferrero Kinder Egg to shelves in the United States. This small matter can bring joy to millions of American children.