US Customs & Border Patrol Protecting America From Chocolate Toy Eggs (And Charging You For The Privilege)

from the feeling-safer? dept

We're still waiting for a good explanation of why Homeland Security's Immigration and Customs Enforcement group is involved in internet copyright issues that have nothing to do with either immigration or customs enforcement, but it appears that those sharp border patrol folks are really doing their job protecting Americans from... chocolate toy eggs. Tim Good alerted us to this story of how the US Border Patrol did a random search on a Canadian woman's car as she crossed the border into Minnesota, and told her she had illegal contraband in her car in the form of a Kinder Surprise Egg. I'd never heard of this before, but apparently it's a confection with a chocolate shell and a toy inside.

According to US border patrol, they told her that it was a choking hazard and on the list of "prohibited items" in the US, though, as the folks at Reason (reasonably) point out:
A gander at the image... suggests you'd have to be awfully intent on getting that chocolate into your system not to notice the huge, bright yellow plastic capsule inside.
Take a look for yourself:
Of course, that's not the end of the story, either. After leaving the chocolate egg and toy to the US border patrol agents, and figuring it was just a nuisance, the woman was somewhat surprised to receive a letter a week later, asking her if she was planning to come back to retrieve the egg. They noted if she did not, and she wanted to fight the seizure of the egg, she would need to pay the US government $250 in "storage costs" for the egg.

Is this really the best use of border patrol?
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: border patrol, customs, homeland security, kinder surprise egg


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    The eejit (profile), 19 Jan 2011 @ 10:33am

    Clearly. After all the DHS loves those petty smugglers.

    link to this | view in thread ]

  2. icon
    Chronno S. Trigger (profile), 19 Jan 2011 @ 11:16am

    Wonder Ball

    We have something similar in the US. The Wonder Ball. It had a toy inside that posed a choking hazard and was changed in 1997 (I still think small candy peaces pose the same choking hazard). That's probably where this ban came from. Probably something like "No candy shall have anything inedible inside". Just like the US to make a wide sweeping ban.

    link to this | view in thread ]

  3. identicon
    Anonymous Coward, 19 Jan 2011 @ 11:40am

    pretty sure mike has written about the wonderball before. maybe not.

    link to this | view in thread ]

  4. icon
    paperbag (profile), 19 Jan 2011 @ 11:41am

    YUm!!

    These things are SOOO good. Mostly found overseas. I think they might even be banned here, however I have found a few small shops willing to sell them.

    I just wish there was more chocolate and less toy... but kids might not agree lol.

    link to this | view in thread ]

  5. icon
    Andy (profile), 19 Jan 2011 @ 11:44am

    Unbelievable

    These eggs are available all over Europe and yet I thought the EU was the "nanny state" to end them all. Apparently the US is even worse. Or perhaps the issue is that they are just not made in the good old US of A. Either way, this is just one more story in the long line of recent stories that makes one wonder what the heck is going on in the US.

    link to this | view in thread ]

  6. identicon
    Vic, 19 Jan 2011 @ 11:49am

    Is this really the best use of border patrol?

    But of course! Well, at least on the northern border! Just think of those brave guys at the border, risking their lives, protecting us from all that hazmat stuff, having to store it at their facilities (for a measly $250)!

    I thought I have read about those chocolate eggs before right here too. Anyways, I was aware of those, although have never seen them myself (kudos to the US border patrol!)

    link to this | view in thread ]

  7. icon
    usul_of_arakis (profile), 19 Jan 2011 @ 11:52am

    I heard a couple of years ago that these were the most confiscated item by US Customs?? Will have to find the citation...

    link to this | view in thread ]

  8. identicon
    Anonymous Coward, 19 Jan 2011 @ 11:53am

    Most of the time the egg halves don't stay together, so once you unwrap the foil it opens up and you just pull the capsule out and eat the chocolate. I actually have that car in the picture.
    For those who have never seen one, the capsule is about the size of those short bottles of white out. If you accidentally swallow that trying to gorge on the chocolate egg, its probably for the best and you're doing the human race a favour.

    link to this | view in thread ]

  9. icon
    johnjac (profile), 19 Jan 2011 @ 11:54am

    At what point

    At what point does anyone in the whole process look at the other guy, and say "Are we really doing this? Does this makes sense to you? 'Cause this seems kinda silly to me."

    That's what I find so odd.

    link to this | view in thread ]

  10. icon
    usul_of_arakis (profile), 19 Jan 2011 @ 11:57am

    Re:

    Probably not a definitive citation..

    http://www.accidentalhedonist.com/index.php?title=question_of_the_day&more=1&c =1&tb=1&pb=1

    but 25,000 in 2,000 seizures in 2009.. feel safer?

    link to this | view in thread ]

  11. icon
    DearMrMiller (profile), 19 Jan 2011 @ 11:59am

    Because folks use them for smuggling.. ?

    Here in Europe, where you can find these at any shop, sometimes folks use these to smuggle or hold other things besides 'toys'. The plastic bubble that holds the toy is air tight and they're easy to 're-package' making them look as if they're store bought. Perhaps there's a deeper reason for the ban and a reason why the border patrol confiscates them from folks arriving from notoriously cannabis lenient Canada. Just a thought...

    link to this | view in thread ]

  12. identicon
    John Duncan Yoyo, 19 Jan 2011 @ 12:04pm

    Re: YUm!!

    You can get the Kinder Chocolate Bar at Wegman's in Virginia. This may be an entry for the president's bad regulation file.

    link to this | view in thread ]

  13. icon
    Doug B (profile), 19 Jan 2011 @ 12:05pm

    Re: Because folks use them for smuggling.. ?

    That was my first thought after looking at the picture.

    link to this | view in thread ]

  14. icon
    weneedhelp (profile), 19 Jan 2011 @ 12:09pm

    Re: At what point

    The point when you get to confiscate something cool.

    link to this | view in thread ]

  15. icon
    Rose M. Welch (profile), 19 Jan 2011 @ 12:14pm

    Re: Wonder Ball

    We still have candy with toys inside in the US. Just not the awesome Kinder Eggs that my grandma used to send from Germany. /sadface

    link to this | view in thread ]

  16. icon
    Pickle Monger (profile), 19 Jan 2011 @ 12:14pm

    Re: Because folks use them for smuggling.. ?

    Pot inside a chocolat-y snack-y goodness??? You are brilliant!!! :)

    link to this | view in thread ]

  17. icon
    Trails (profile), 19 Jan 2011 @ 12:22pm

    The foreign hordes...

    All of you mocking this story are just somnabulent sheep being lead by the nose towards the slaughterhouse while convert foreign influences try to plant their seed in the womb of this great nation.

    The last thing the USA needs is those snowbacks coming down here with their drugs, terrorism, and anchor candies, sucking up our superior social services and takin all our jerbs!!

    Would you want the Pledge of Allegiance to end with eh?

    I say keep those snowbacks out of our great country, where are the minutemen when you need em?

    link to this | view in thread ]

  18. icon
    :Lobo Santo (profile), 19 Jan 2011 @ 12:24pm

    Re: The foreign hordes...

    :eye-roll:

    link to this | view in thread ]

  19. identicon
    Deirdre, 19 Jan 2011 @ 12:28pm

    Garrison Keillor calls them frostbacks.

    link to this | view in thread ]

  20. icon
    crade (profile), 19 Jan 2011 @ 12:29pm

    You guys don't have kinder surprise? Those are a classic. Wierd, they are just so common around here, (and not a "Canadian themed") item I would never have imagined you wouldn't have things like this and smarties.

    link to this | view in thread ]

  21. icon
    crade (profile), 19 Jan 2011 @ 12:32pm

    Re: The foreign hordes...

    well, I do keep hoping that when you are done building that nice wall for Mexico you will make us one too :)

    link to this | view in thread ]

  22. identicon
    John, 19 Jan 2011 @ 12:37pm

    Kinder Eggs are awesome

    I lived in germany for 3 years and loved getting those things. Its the best kid prize ever... And the chocolate is actually some of the best chocolate I've ever had.

    I was wondering why these things weren't in the US. Thank you for protecting me from the evil egg and leaving me with just peanut butter snikers bars in the impulse isle.

    link to this | view in thread ]

  23. identicon
    Paul Renault, 19 Jan 2011 @ 12:38pm

    See, aside from universal health care, there's another reason to move to Canada: Kinder Eggs availably everywhere.

    /Actually got a METAL car from a Kinder Egg once.

    link to this | view in thread ]

  24. identicon
    Anonymous Coward, 19 Jan 2011 @ 12:40pm

    Kinder forgot to donate to the right reelection campaigns.

    link to this | view in thread ]

  25. icon
    The Original Anonymous Coward (profile), 19 Jan 2011 @ 12:42pm

    These have unfortunately been banned since 1938

    I've enjoyed these Kinder eggs ever since coming across them in Germany in the 70's. Unfortunately, they've been banned in the US since 1938 because of the Federal Food, Drug, and Cosmetic Act

    They can be found in various small shops across the US, however, mostly because the owners bring them in themselves and don't know or don't care about the ban.

    Here's the Kinder Surprise Egg story.

    link to this | view in thread ]

  26. icon
    Dark Helmet (profile), 19 Jan 2011 @ 12:45pm

    Re: Re: Because folks use them for smuggling.. ?

    "Pot inside a chocolat-y snack-y goodness??? You are brilliant!!! :)"

    Seriously. All you'd have to do is figure out a way for it to come with a minorly addictive videogame and it'd be like a tiny packaged weekend....

    link to this | view in thread ]

  27. icon
    BigKeithO (profile), 19 Jan 2011 @ 12:47pm

    Re: The foreign hordes...

    I thought "socialism" was a dirty word in the US? What social services in the US are superior to the Canadian equivalent?

    Snowbacks? That's a new one for me, we'll just continue to call you 'merican's and call it even. :)

    link to this | view in thread ]

  28. icon
    Trails (profile), 19 Jan 2011 @ 12:48pm

    Re:

    Even worse, many Americans have no idea who the Polkaroo is.

    link to this | view in thread ]

  29. identicon
    oldmanonabusa, 19 Jan 2011 @ 12:49pm

    Re: Wonder Ball

    What about 'Happy Meals'? They have an inedible object in them...

    link to this | view in thread ]

  30. identicon
    Anonymous Coward, 19 Jan 2011 @ 12:50pm

    Re: At what point

    Americans think for themselves, You must be dreaming.

    link to this | view in thread ]

  31. icon
    Trails (profile), 19 Jan 2011 @ 12:50pm

    Re: Re: The foreign hordes...

    (Psst! I'm Canadian and that was satirical)

    link to this | view in thread ]

  32. icon
    Dark Helmet (profile), 19 Jan 2011 @ 12:54pm

    Re:

    "smarties"

    We have smarties, but they're horrible. Any self-respecting sugar junkie sticks with Nerds and Skittles. Chocolate is only good as an aphrodisiac with your gf....

    link to this | view in thread ]

  33. icon
    Mr. LemurBoy (profile), 19 Jan 2011 @ 12:55pm

    Yep, one of the best reasons to come to Canada. We have all the best chocolate.

    I used to bring Coffee Crisp and Smarties for the other Canadians at my college after weekend trips to my parents' place.

    I suppose I'm glad now that I never tried to bring Kinder Surprise.

    link to this | view in thread ]

  34. icon
    Gracey (profile), 19 Jan 2011 @ 12:55pm

    [sucking up our superior social services]

    laughing at that one.

    And for the kinder eggs, yes, fairly prevalent here and a very nice treat for the kiddies. But then, there was a time when the world thought brownies were safe.

    I wonder if the US has banned jujubes too? We couldn't find any on our last trip down - a couple of candy shops we asked at eyed us up and down like we were trying to rob them.

    Is there a public list of contraband? The last list we found was a booklet on what you can't bring across the border and I don't recall seeing any "kinder eggs" on the list. I'd hate to have tried to bring a couple of kinder eggs for my friend's grandbabies without knowing I was doing some so drastically wrong. How sad is that?

    Polkaroo...big green thing with polkadots :)

    link to this | view in thread ]

  35. icon
    crade (profile), 19 Jan 2011 @ 12:57pm

    Re: Re:

    Well at least that's a homegrown show.. Until these techdirt articles I assumed those candies came from the US. Now I have to question all my assumptions! :)

    link to this | view in thread ]

  36. identicon
    johnny canada, 19 Jan 2011 @ 12:58pm

    She is LUCKY

    First off you have the FDA (non-registered food item)

    Hazardous Item (Toy inside)

    Sugar embargo

    Cuba (sugar can be from Cuba)

    She is lucky she did not end up at Gitmo

    link to this | view in thread ]

  37. icon
    aldestrawk (profile), 19 Jan 2011 @ 1:00pm

    Re: Re:

    numbers affirmed, the following is definitive:
    http://www.cbp.gov/xp/cgov/newsroom/highlights/kinder_eggs.xml

    link to this | view in thread ]

  38. icon
    crade (profile), 19 Jan 2011 @ 1:01pm

    Re: Re:

    I could have sworn there was a techdirt article a while ago about how smarties were not available in the US because of some trademark thing.

    Smarties aren't bad, but rease's peices are where it's at.

    link to this | view in thread ]

  39. icon
    crade (profile), 19 Jan 2011 @ 1:06pm

    Re: Re: Re:

    aha, this one
    http://www.techdirt.com/articles/20100609/0126569748.shtml
    "the Ce De Candy company has obsessively kept the real Smarties out of the US for years"

    You callin Mike a liar? ;)

    link to this | view in thread ]

  40. icon
    Amperand (profile), 19 Jan 2011 @ 1:10pm

    When?

    When was this? I seriously JUST had a case of these brought over for my kid sister by a friend from Germany. Just carried them in his luggage like it was no thing. Should I be calling

    link to this | view in thread ]

  41. icon
    Mr. LemurBoy (profile), 19 Jan 2011 @ 1:10pm

    Re: Re: Re: Re:

    Hah, I was just looking for that story, I remembered it as well.

    The number of crazy looks I got in the states when I mentioned Smarties and chocolate in the same sentence... I had to educate so many people about the joys of Canadian candy.

    link to this | view in thread ]

  42. icon
    aldestrawk (profile), 19 Jan 2011 @ 1:10pm

    Re: Re:

    also definitive, confirms that Kinder eggs are the most seized item by US customs.
    http://www.cbp.gov/xp/cgov/newsroom/news_releases/archives/2008_news_releases/june_2008/06 122008_2.xml

    link to this | view in thread ]

  43. icon
    The Mighty Buzzard (profile), 19 Jan 2011 @ 1:10pm

    Re: Re: At what point

    I think for myself all the time, which may very well be why I get called an asshole so often. Nah, I'm probably just an asshole.

    link to this | view in thread ]

  44. identicon
    Anonymous Coward, 19 Jan 2011 @ 1:14pm

    These things are awesome. They are what cracker jack prizes used to be before the nanny-staters got hold of them. When I used to live in Germany we would ship some back for my sisters kids at Christmas time. The toys are great and if you are not a complete moron of a parent, there is no choking hazard. But this is the nanny state, much like my experience in the military (not bashing), when one persone poops their pants, we all have to wear diapers.

    link to this | view in thread ]

  45. icon
    Rose M. Welch (profile), 19 Jan 2011 @ 1:14pm

    Re: Re: Wonder Ball

    What, exactly, is inedible? The all-white-meat chicken nuggets, the apple slices, or the 2% milk?

    link to this | view in thread ]

  46. icon
    Dark Helmet (profile), 19 Jan 2011 @ 1:16pm

    Re: Re: Re: Re:

    Hmm, not liar, but something's up, because just to make sure I'm not crazy I went to our company candy dish and picked myself up a roll of Smarties and ate them. Might be a different kind in Canada? The kind we have is below....

    http://www.amazon.com/Smarties-Bulk-40-pound-case/dp/B000VI5BB4

    link to this | view in thread ]

  47. identicon
    Anonymous Coward, 19 Jan 2011 @ 1:16pm

    When did these get banned? They were selling them here in Colorado at Walmart a few years ago. Before that I brought some back every time I got sent by my company to Germany, and it never even occurred to me that anyone would care.

    link to this | view in thread ]

  48. icon
    crade (profile), 19 Jan 2011 @ 1:21pm

    Re: Re: Re: Re: Re:

    Oh, yeah but this made me think you were talking about real smarties:
    "Chocolate is only good as an aphrodisiac with your gf...."

    I'm confused! It's a bad day for me.

    link to this | view in thread ]

  49. identicon
    CPB Intelligence and Operations Coodination, 19 Jan 2011 @ 1:27pm

    Re: When?

    Could you please give us the name and address of your German friend and the date, flight number, and city of arrival for the flight he took? We also need your name, home address and Social Security number. Please call (202) 344-1150. Thank you for your cooperation.

    link to this | view in thread ]

  50. identicon
    Anonymous Coward, 19 Jan 2011 @ 1:28pm

    So customes will let you be exposed to lead, chromium, mercury, and even small amounts of uranimum(makes the color purple/blue pop) when it supports the economy(shipping ports) but if you want a chocolatey treat that poses a small suffocation hazard and not bought from an american store you cough it up at the boarder.

    I love amerika

    link to this | view in thread ]

  51. icon
    The Mighty Buzzard (profile), 19 Jan 2011 @ 1:28pm

    Re: Re: Re: Because folks use them for smuggling.. ?

    Stuff one on a tiny usb key or a micro-sd card and put it in with the pot.

    link to this | view in thread ]

  52. icon
    Dark Helmet (profile), 19 Jan 2011 @ 1:29pm

    Re: Re: Re: Re: Re: Re:

    "Oh, yeah but this made me think you were talking about real smarties:
    "Chocolate is only good as an aphrodisiac with your gf....""

    Nah, only added that last part because the two candies I listed that are good aren't chocolate....

    link to this | view in thread ]

  53. icon
    The Mighty Buzzard (profile), 19 Jan 2011 @ 1:31pm

    Re: Re:

    Nerds and Mt. Dew Throwback. I may have diabetes by this time tomorrow now.

    link to this | view in thread ]

  54. identicon
    Anonymous Observer, 19 Jan 2011 @ 1:32pm

    Re:

    Are you implying something?
    Are you alluding to corruption?
    You know, just because lawmakers get financial contributions that exceed the median life-time income of Americans, from the same interests that these laws impact, does not imply any wrong doing.

    link to this | view in thread ]

  55. icon
    The Mighty Buzzard (profile), 19 Jan 2011 @ 1:33pm

    Re: Re: Re: Re: Re: Re: Re:

    Smarties in the US are different from Smarties in the rest of the world. I'm too lazy to explain why, so linkage: http://en.wikipedia.org/wiki/Smarties

    link to this | view in thread ]

  56. icon
    Amperand (profile), 19 Jan 2011 @ 1:34pm

    Re: These have unfortunately been banned since 1938

    1983, maybe?

    link to this | view in thread ]

  57. identicon
    Anonymous Coward, 19 Jan 2011 @ 1:39pm

    Re: These have unfortunately been banned since 1938

    haha thats on wikiedia

    On January 10, 2011, it was reported that a Kinder egg was seized from a woman's car during a random inspection while entering the United States from Canada. She was informed that bringing the egg into the United States could result in a $300 fine.[3] Seizures such as that one, and even the prohibition of the product itself, are frequently cited on political blogs and web forums as an example of a "ridiculous" application of law. It is seen as an example of "liberal" intrusion upon personal liberty.[6] The rationale for not banning the product also takes the form that deaths have been too few for it to be considered an actual danger, as well as the argument that since there are worse dangers that are not regulated, this particular danger should not be regulated.[7]

    link to this | view in thread ]

  58. icon
    Eugene (profile), 19 Jan 2011 @ 1:39pm

    Re: Re: Re: Wonder Ball

    While that comment is just scream for a "all of them!" response, I think he's just talking about the toy happy meals come with :p

    link to this | view in thread ]

  59. icon
    Amperand (profile), 19 Jan 2011 @ 1:42pm

    Re: Re: These have unfortunately been banned since 1938

    Nope, self-corrected. 1938 it is. Sorry!

    link to this | view in thread ]

  60. icon
    Amperand (profile), 19 Jan 2011 @ 1:47pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    They look like generic M&Ms to me...

    link to this | view in thread ]

  61. icon
    Doug Harper (profile), 19 Jan 2011 @ 1:47pm

    Comment

    I was going to comment on this story but I deleted my verbose post. Instead, I can sum it up in one word ... RIDONKULOUS !

    link to this | view in thread ]

  62. icon
    aikiwolfie (profile), 19 Jan 2011 @ 2:09pm

    LOL we have these in the UK. Most adults never mind a child would be hard pressed to swallow the yellow capsule. This is just stupid. But then again I was watching "Half Tone Teen" the other night. A documentary following obese Americans. They seem to be able to fit just about anything into their mouths. Maybe Americans do need protecting from this menace after all?

    link to this | view in thread ]

  63. identicon
    monkyyy, 19 Jan 2011 @ 2:18pm

    Re: Re: Re: Wonder Ball

    the heavy breed chicken who never seen sun light and spend there life in they're own filth and the last 5 generations of filth nuggets, and the pesticide apples

    the milk only has some bad stuff in it but nothing that teenage girls dont need them selves, and everyone else can use most of it; so i give it a pass

    link to this | view in thread ]

  64. identicon
    Yeah Right, 19 Jan 2011 @ 2:22pm

    You must have heard about this one

    There's a rather wonderful exception to the US customs rules about carrying switchable knives into the country.

    "The only exception is for a one-armed traveler, in which case the blade must be no longer than three inches."

    So any one arm bandit can walk through customs with a prosthetic in which is a spring-loaded is concealed? Nice!

    "What the fuck?", I hear you ask.

    Rewind the tape back to the Civil War, and you discover that one-armed amputees at the time had a fine choice in retractable cutlery.

    link to this | view in thread ]

  65. icon
    crade (profile), 19 Jan 2011 @ 2:29pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    they are pretty much just like m&ms. a little less chocolate and a little more shell.

    link to this | view in thread ]

  66. identicon
    Anonymous Coward, 19 Jan 2011 @ 2:46pm

    Re: Re: These have unfortunately been banned since 1938

    >The rationale for not banning the product also takes the form that deaths have been too few for it to be considered an actual danger, as well as the argument
    >that since there are worse dangers that are not regulated, this particular danger should not be regulated.[7]

    I bet Kinder eggs don't come with 30 shot clips.

    link to this | view in thread ]

  67. identicon
    Not an electronic Rodent, 19 Jan 2011 @ 3:15pm

    Re:

    Dammit you should be giving those guys medals! Brave souls that they are at the border patrol protecting you from dangerous foreign foods. We have Kinder eggs here in the UK and I wish our customs people were nearly so heroic! We have literally THOUSANDS of needless deaths from these things EVERY MONTH.... they are lethal!

    Ummm oh.. wait think I may have been thinking about something else there..... sorry.

    link to this | view in thread ]

  68. icon
    Rose M. Welch (profile), 19 Jan 2011 @ 3:17pm

    Re: Re: Re: Re: Wonder Ball

    All of those things are edible.

    link to this | view in thread ]

  69. identicon
    Anonymous Coward, 19 Jan 2011 @ 3:53pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    "They look like generic M&Ms to me..."

    They are so much yummier than M&Ms.

    link to this | view in thread ]

  70. icon
    ltlw0lf (profile), 19 Jan 2011 @ 4:14pm

    Re: Re: Re: Re: Wonder Ball

    While that comment is just scream for a "all of them!" response, I think he's just talking about the toy happy meals come with :p

    Maybe she is from San Francisco (I know, she isn't, but.) It is illegal to sell Happy Meals in San Francisco with toys in them now.

    link to this | view in thread ]

  71. identicon
    Darryl, 19 Jan 2011 @ 4:59pm

    How to do the right thing and the wrong thing at the same time.

    it's because that product is not sold in the US, but similar products are.

    So it is a part of customs to protect their borders, from imports.

    All the same, its very sad they have to take 'candy off a baby'. !!

    Kinder Surprises, are very popular here in Australia.

    link to this | view in thread ]

  72. identicon
    Darryl, 19 Jan 2011 @ 5:01pm

    Re: You must have heard about this one

    so if you only have one arm, how are you supposed to open a pocket knife ?? :)

    link to this | view in thread ]

  73. identicon
    Anonymous Coward, 19 Jan 2011 @ 6:17pm

    "US Customs & Border Patrol Protecting America From Chocolate Toy Eggs (And Charging You For The Privilege)"

    Maybe they're protecting us from obesity. Or, if it was made in China, maybe they're protecting us from lead poisoning.

    link to this | view in thread ]

  74. identicon
    Vincent Clement, 19 Jan 2011 @ 6:18pm

    Re: Re: Re:

    The CBP article states "smaller" kinder eggs. Perhaps not all kinder eggs are banned and this particular CBP agent was a little overzealous.

    But now I know not to have any in my car when traveling to Detroit.

    link to this | view in thread ]

  75. identicon
    Anonymous Coward, 19 Jan 2011 @ 9:01pm

    The choking hazard isn't from the risk of injecting the big yellow things them eating the chocolate, it is from the very small parts on the toys inside, which are not particularly safe for childen. The product is aimed at younger children, but isn't the safest idea for them.

    Perhaps being better informed would make the story a little more clear?

    link to this | view in thread ]

  76. identicon
    mirradric, 19 Jan 2011 @ 9:59pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    Only smarties have the answer

    link to this | view in thread ]

  77. icon
    techflaws.org (profile), 19 Jan 2011 @ 10:11pm

    Re: Wonder Ball

    They've been around since 1976 in Germany and I can't recall any case mentioned in which a kid was harmed.

    link to this | view in thread ]

  78. icon
    techflaws.org (profile), 19 Jan 2011 @ 10:17pm

    Re: Re:

    LOL.

    link to this | view in thread ]

  79. icon
    techflaws.org (profile), 19 Jan 2011 @ 10:35pm

    Re:

    Well informed that you are you certainly can cite a case where a kid (any kid) was actually harmed by those small toy parts?

    link to this | view in thread ]

  80. icon
    velox (profile), 20 Jan 2011 @ 12:01am

    Re: Re: You must have heard about this one

    "if you only have one arm, how are you supposed to open a pocket knife ??
    Switchblades, Darryl. You do know how they work-- right?

    link to this | view in thread ]

  81. icon
    G Thompson (profile), 20 Jan 2011 @ 12:53am

    Re: How to do the right thing and the wrong thing at the same time.

    Hey Darryl, what say we put together a care package for our disadvantaged American friends from Techdirt and introduce em too such NOM NOM NOM goodness as: Kinder Surprise (My daughters have a huge collection of the tiny toys), Tim Tams (all the many OMG delicious varieties), Chicken Flavoured Chips (few and far between in the USA it seems), Fantales, Pavlova, Smarties, Maltesers, Anzac biscuits, Lamb [ask around its a rarity over their or is actually mutton :(].

    Though I would suggest that we don't send vegemite. It seems that it too has been banned, so they will never know the joy of eating vegemite off a spoon *weg*

    link to this | view in thread ]

  82. icon
    Rose M. Welch (profile), 20 Jan 2011 @ 4:47am

    Re: Re: Re: Re: Re: Wonder Ball

    It didn't occur to me that he meant the toy in the bag, because the toy isn't surrounded by edible food, as the KinderEgg's toy is.

    link to this | view in thread ]

  83. identicon
    Anonymous Coward, 20 Jan 2011 @ 5:04am

    If you check Google, you will find a couple of older stories outside of the UK (try Kinder choking pink panther). Most of those stories are on spam news sites that I won't link to from here.

    You can also see recalls in the past, such as:

    http://www.kidsource.com/kidsource/content3/news3/chocolate.pr.recall.html

    According to Wikipedia (not a great source) "Since 1991, at least 7 children worldwide have died of choking after swallowing the toy inside the Kinder egg".

    Not huge numbers, but some examples.

    link to this | view in thread ]

  84. identicon
    Michael, 20 Jan 2011 @ 5:07am

    Pic is wrong

    Kinder toys are unassembled in the egg... its like a puzzle you put together. I had dozens of those little toys and plastic capsules around my house when my kids were young... never had one choke on any part of it either. I would bet that they were banned there due to lobbying from one of the other candy companies...

    link to this | view in thread ]

  85. identicon
    Michael, 20 Jan 2011 @ 5:08am

    also

    In every corner store in Canada... have been for decades.

    link to this | view in thread ]

  86. identicon
    David, 20 Jan 2011 @ 5:17am

    Idiocy reigns

    Just two words: Damn stupid!

    link to this | view in thread ]

  87. identicon
    Joe Fool, 20 Jan 2011 @ 6:22am

    Re: Re: Re: Re: Re: Wonder Ball

    Teenage girls are edible? Who are you, Hannabelle Lector?

    link to this | view in thread ]

  88. icon
    Christopher (profile), 20 Jan 2011 @ 7:16am

    Re: Re: Re: Re: Re: Wonder Ball

    That law is being challenged at last notice, so..... TO BE CONTINUED, as they say!

    link to this | view in thread ]

  89. icon
    Christopher (profile), 20 Jan 2011 @ 7:19am

    Re:

    Yeah, even if it's a kid that swallows those things, I have to say that the kid is the EPITOME of glutton if he accidentally swallows that toy egg.

    link to this | view in thread ]

  90. icon
    Christopher (profile), 20 Jan 2011 @ 7:21am

    Re: Pic is wrong

    Or some overzealous 'safety official' who didn't have anything else to do with their time.

    I mean, LOOK at all the things that have been banned lately, and what do those laws do? N O T H I N G! NOTHING FOR SAFETY!

    They just piss people off and make it MORE CLEAR that 'laws' are not 'laws' all the time..... basically, that some laws you SHOULD ignore.

    link to this | view in thread ]

  91. icon
    PDB (profile), 20 Jan 2011 @ 7:37am

    Omg how I can have possibly survived them dangers multiple times when I was like 4, remains a mystery!

    link to this | view in thread ]

  92. icon
    Shawn (profile), 20 Jan 2011 @ 8:01am

    What?

    I don't understand this since I know these are sold in the US. They are popular in Germany and my friend who is from there found them here in St. Louis. He bought one for everyone in the group that day. How could they be sold in the US if they are banned. Unless this ban is VERY recent (last 6 months) then somewhere someone got mixed up on this.

    link to this | view in thread ]

  93. identicon
    Anonymous Coward, 20 Jan 2011 @ 8:42am

    Re: Re: Re: Wonder Ball

    Uhm, the toy inside each box? The plastic it's wrapped in? The bottle the milk comes in?

    link to this | view in thread ]

  94. icon
    The Original Anonymous Coward (profile), 20 Jan 2011 @ 8:51pm

    Found the FDA regulation that bans these yummy eggs

    Here's the FDA reg. I've ...snipped... out the parts that don't apply. I think that (d)(1) and (d)(3) actually leave "the Secretary" some wiggle room. Maybe we should write a letter/eMail writing campaign to free the Kinder Eggs!
    --
    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

    (a) Poisonous, insanitary, or deleterious ingredients.

    ...snip...

    (b) Absence, substitution, or addition of constituents.

    ...snip...

    (c) Color additives. If it is, or it bears or contains, a color additive which is unsafe within the meaning of section 721(a).

    ...snip...

    (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;

    (2) bears or contains any alcohol ...snip...;

    or

    (3) bears or contains any nonnutritive substance, except that this subparagraph shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this Act, except that the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph, issue regulations allowing or prohibiting the use of particular nonnutritive substances.

    link to this | view in thread ]

  95. icon
    Philip (profile), 23 Jan 2011 @ 8:31am

    OMG I love Kinder Eggs! The chocolate is amazing. And the toys are always such little fun! I'm pretty shocked it was caught since it was imported to Canada to begin with. ha.

    As a matter of fact, if you know where to look, you can find them all over here in the US, too. You should look around Mike. They are actually quite good and great for little kids (within reason)!

    link to this | view in thread ]

  96. icon
    Philip (profile), 23 Jan 2011 @ 8:33am

    Re: How to do the right thing and the wrong thing at the same time.

    Oh, they are very much sold here in the US. I've had several since moving here (moved from German to US in '1990). You just have to look in the right spots - real import places, german imports if you have any. Same with some Japanese candy I use to have as a kid.

    Unlike US counterparts, these treats are made with real sugar, and taste quite good!

    link to this | view in thread ]

  97. icon
    Jeremy Lyman (profile), 24 Jan 2011 @ 10:03am

    Re:

    I was wondering if this would be a viable option at the border. Unwrap the egg, separate the chocolate from the toy. We certainly let small toys and chocolate enter the country separately, right?

    link to this | view in thread ]

  98. identicon
    Cangirl, 24 Feb 2011 @ 11:08am

    Re: The foreign hordes...

    its comments like this that prove people like you are dumb & ignorate americans!

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.