Kinder Surprise eggs have been banned in the United States due to a 1938 ban of inedible toys being put inside of sweets such as chocolate eggs. The ban is designed to keep children from choking on or swallowing inedible toys by accident.
Kinder-style chocolates and other candies are also banned from being imported into the U.S., and fines can run into the hundreds of dollars for doing so. However, as of 2013, a New Jersey company called Choco Treasure has gotten around the 1938 ban by having a thick ridge between the two chocolate halves that clearly alerts children that there is something inside. In addition, the toys are larger in Choco Treasure than in Kinder Surprise eggs for added safety.