united-states food
Kinder Surprise eggs: sent seperately?
<p>As far as I know, Kinder Surprise chocolate eggs are illegal in the USA, because it's a non-edible object inside the chocolate egg.</p>

<p>If I were to open them, and send the chocolate and the toys in two parts of the same package, can I send them to the USA?</p>

<p>I don't see why sending them seperately should be illegal.</p>

<p>Kinder Surprise chocolate eggs are illegal in the USA under <a href="https://www.law.cornell.edu/uscode/text/21/342" rel="nofollow noreferrer">21 U.S. Code § 342 - Adulterated food</a> (emphasis mine):</p>

<blockquote>
  <p>A food shall be deemed to be adulterated—</p>
  
  <p>[...]</p>
  
  <p>(d) Confectionery containing alcohol or nonnutritive substance</p>
  
  <p>If it is confectionery, and—</p>
  
  <p>(1) has partially or completely <strong>imbedded therein
  any nonnutritive object</strong>, 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;</p>
</blockquote>

<p>combined with  <a href="https://www.law.cornell.edu/uscode/text/21/331" rel="nofollow noreferrer">21 U.S. Code § 331 - Prohibited acts</a>:</p>

<blockquote>
  <p>The following acts and the causing thereof are prohibited:</p>
  
  <p>(a) The introduction or delivery for introduction into interstate
  commerce of any food, drug, device, tobacco product, or cosmetic that
  is adulterated or misbranded.</p>
</blockquote>

<p>So the eggs are only illegal because the toys are "imbedded therein". If you take them out, I cannot see any reason to object to them.</p>

<p>To be on the safe side, you might want to remove (and not send along) the original packaging of the eggs, maybe even ship the chocolate egg opened. Otherwise customs may recognize the eggs and confiscate them without realizing you removed the toys inside.</p>
