The Reason They Don't Sell Kinder Surprise Eggs In America

Growing up in Argentina, Kinder Surprise eggs were an inexpensive joy. On the way home from school, we'd get one and spend the whole walk shaking it and guessing what might be inside. Once home, we'd unwrap the foil to savor the creamy milk and white chocolate and (attempt to) pry open the plastic capsule inside with sticky fingers to get to the toy. The chocolate? Delicious. The toy? A small figurine or puzzle. The experience? Unmatched and magical. But the world-beloved Kinder Surprise is the chocolate egg Americans can't have. These little treats full of joy are banned in the United States because, in 1938, a law was passed prohibiting the sale of confectionary items containing "non-nutritive objects," and the Kinder Surprise's plastic capsule, which holds the toy, is considered just that.

Sure, I understand the concern. Swallowing plastic is dangerous, especially for small children. But the capsule is far too large for an adult to swallow, even if they're trying to open it with their teeth — and it's impossible for a child to open. Somehow, the rest of the world (over 100 countries spread through all seven continents) manages just fine. Of course, there are other treats to enjoy in the United States, like Jose Andre's' favorite childhood treat, the Pantera Rosa snack cakes, or peanut pies that fill some adults with nostalgic joy, but none are like the Kinder Surprise Egg. When you grow up with certain treats, you develop an attachment, one that goes beyond texture and flavor and makes losing access feel, well, bitter.

Kinder Surprise vs. Kinder Joy — what's the difference?

In the U.S., Kinder fans don't get the Surprise; Americans get Kinder Joy, a disappointing replacement. Unlike the original, where the toy is hidden inside the chocolate, Kinder Joy splits the fun into two compartments: one side for the chocolate and one for the toy (which is smaller than the capsule, still made of plastic, and still non-nutritive). The separation keeps it compliant with U.S. safety laws, but let's face it—it's not the same, and it doesn't make any sense at all.

The original Kinder Surprise has been around since the 1970s and remains a favorite in Europe and South America. The occasional safety concern does arise (accidents involving the toy capsule are rare but tragic), yet the numbers remain remarkably low given the global popularity. For most of us who grew up with Kinder Surprise eggs, the real risk isn't the plastic capsule — it's losing out on the nostalgia of a treat that felt uniquely ours. We collected and exchanged duplicates, played with the toys after building them (often with the help of adults), and decorated them with the stickers provided. For a whopping $1 (in the early 2000s), we got hours of fun and time shared with both family and friends. Sure, times have changed, but the joy of Kinder Surprise is forever, if only we could get it here.

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