In 1938, Congress passed the Federal Food, Drug, and Cosmetic Act, allowing the FDA to oversee the safety of certain foods. The act bans any confectionary that includes a non-nutritive object unless it has functional value. So that basically is what Kinder Surprise is about a chocolate egg with a toy inside.

There are four main reasons Kinder Surprise should be legal:

1.  It is not a drug, so a kid will not get drunk or high, it's just chocolate.
2. it will prevent the illegal smuggling of the candy from Canada, because people should not be arrested for having chocolate eggs on the plane or at the border.
3. the fact that any person can hold a gun in this country is plan wrong, Kinder Surprise unlike guns haven't actually caused as many deaths as people think, it has labels on it.
4. The longer it is illegal the more people will talk about it and want it, if it was legal it wouldn't be a big deal and may fall out of favor. Plus isn't the US about having the freedom to be able to do what you want even if it means choosing to ingest certain products.

Banning Kinder Surprise is not practical, and violates many freedoms. So please, if you want this candy to be legal, sign the petition now!