As far as I know, Kinder Surprise chocolate eggs are illegal in the USA, because it's a non-edible object inside the chocolate egg.

If I were to open them, and send the chocolate and the toys in two parts of the same package, can I send them to the USA?

  • After the last school shooting in the USA, a website created a list of the top 10 items more dangerous than guns. No 1 on the list: Kinder Surprise eggs. – gnasher729 Apr 18 at 11:40
up vote 2 down vote accepted

I don't see why sending them seperately should be illegal.

Kinder Surprise chocolate eggs are illegal in the USA under 21 U.S. Code § 342 - Adulterated food (emphasis mine):

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;

combined with 21 U.S. Code § 331 - Prohibited acts:

The following acts and the causing thereof are prohibited:

(a) The introduction or delivery for introduction into interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded.

So the eggs are only illegal because the toys are "imbedded therein". If you take them out, I cannot see any reason to object to them.

To be on the safe side, you might want to remove (and not send along) the original packaging of the eggs, maybe even ship the chocolate egg opened. Otherwise customs may recognize the eggs and confiscate them without realizing you removed the toys inside.

  • The link describes the definition of "adulterated food", but it doesn't seem to discuss what the ramifications of being adulterated are. – JAB Apr 17 at 19:10
  • @JAB: Yes, the ramifications are in a different part of the law. I edited. – sleske Apr 18 at 6:35
  • I'm not convinced that if you purchased them outside of the country, and were simply shipping them to your address inside the country, that the eggs would fall under the 'introduction or delivery for introduction into interstate commerce'. I don't think possession of the eggs is illegal in the US; instead, you can't sell or resell them. – kbelder Apr 19 at 18:47
  • 1
    @kbelder: That's what one might think - however, US authorities have a stricter view, and have repeatedly prosecuted illegal private imports. See for example 'Illegal' Kinder Eggs get U.S. men border detention. I wouldn't try it. – sleske Apr 20 at 8:26

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