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this post was submitted on 08 Aug 2025
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I am literally just making this up on the spot and have no evidence for it, but I'm starting to wonder if maybe the real reason for the kinder egg ban was anticompetitive lobbying by Hershey or something like that, and the toy thing was just the excuse.
The american law prohibiting objects in food predates the kinder eggs by decades. And it's because people use to put all kinds of shit in american food. The law that bans them into is the Food, Drug and Cosmetic act of 1938.
Yeah, people like to mock us about it, but I think it's a reasonable regulation.
It should apparently be amended, though. There is a known case that it accidentally forbids but should not forbid.
Then how did we have toys in cereal boxes and cracker jacks up until much more recently?
Because it's not inside the food itself.
Huh, okay. I'm assuming there was another law that caused those to get yanked as well?
No, GenX and millennial parents just decided they didn't want more plastic trash in the house so it stopped being a useful tool for tricking children into wanting Diabetes-Os.
No godamn idea. I don't have to worry about that law and I don't know what exemption they used. I know it exists, why, and that kinder eggs are prohibited due to this law.
Wouldn't Kinder Surprise me at all.
It wasnt the "toy thing" theres a law about putting inedible choking hazards in food. The food drug and cosmetic act of 1938. It bans putting any toy or inedible object in candy unless it is a functional part of the food. So the capsule in the kinder egg isnt ok but the wooden stick in a popsicle, the stick of a lollypop or the ring of a ring pop is.
So, they could put a lollipop-shaped stick into a kinder-egg, to function as a handle? Then the toy could be inside the ball in the end of the handle, so that it wouldn't actually be inside the food, but a part of the handle, which would be a functional part of the food?