It takes some special talent, even as an adult, to take such a big bite off of a classic Kinder egg that you'd have any chance of accidentally swallowing the plastic capsule or somehow else hurting yourself on it.
And with the new egg, I'd be concerned that my kids swallowed that plastic spoon. Like, that's something they actively have to put into their mouth and it's not as interesting as the toy for them to be motivated to not swallow it.
It's also small enough for them to realistically pull this off.
I haven't found a single case of a child getting hurt in Germany. Only news reports about them being unhealthy (big surprise).
EDIT: Turns out the US-style kinder eggs are indeed available outside the US.
https://www.candywarehouse.com/assets/item/regular/kinder-jo...
But I'm not sure it's typical.
Toy is also in US version but different design
I have seen this outside of US also (pretty sure it was doing a Europe trip)
Most people seem to prefer the original, though. They lost a lot of charm by going from toy+edible+tinfoil to plastic+toy+plastic+edible+plastic spoon+plastic.