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The Reason They Don't Sell Kinder Surprise Eggs In USA
(www.thetakeout.com)
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I thought they were sold in the US now with some slight modifications to comply with the law? I know I've seen Kinder eggs in my local grocery store.
But yes, the ban is due to a perfectly sensible law having a bizarre edge case.
It's also why king cakes don't have the little baby figurines in them I believe.