Kinder Eggs aren't banned in the US, Kinder Surprise is. Even Costco sells Kinder Eggs.
[1]: https://en.wikipedia.org/wiki/Kinder_Surprise [2]: https://en.wikipedia.org/wiki/Kinder_Joy
If they had wished to say Kinder Surprise, they could and should have done so.
Also, Joy were introduced in Italy in 2001, so they’ve been in Europe for a long time.