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The egg surprise sensation began rather infamously with the Kinder Surprise Egg product released by the Italian Company Ferrero. The Kinder Egg consists of a chocolate shell, a plastic container, the contents of said container, and an external foil wrap. The Edible egg also contained a toy inside. Hence the name.... Egg Surprise. The infamy of this novel design raised issues with the US FDA. The 1938 Federal Food, Drug, and Cosmetic Act contains a section prohibiting confectionery products with non-nutritive objects partially or totally embedded within them. Hence, Kinder Surprise Eggs were banned in the US. As of February 15, 2015, the FDA has the current Import Alert Ban on the Kinder Products with the embedded non-nutritive components. FDA Import Alert 34-02 Bans -Product Description: Confectionery products containing non-nutritive components, such as small toys or objects, which may be partially or completely imbedded in the food product. Charge: The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to be a confectionery that has a partially or completely imbedded non-nutritive object [Adulteration, Section 402(d)(1)].