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Comment by Cthulhu_ | Hacker News Reader

I've done a bit of googling and if I'm reading this correct it was always forbidden (or as long as the US Code has been around) to have products containing "a non-nutritive object", but it was re-emphasized for Kinder Surprises specifically after they investigated some imported ones. This was in 1997, while the MagiCan was 1990.

Anyway, reading the text there, I'm fairly sure that this thing would also have been illegal under that code.

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my understanding is that the non-food item may not be enclosed by the food, because someone could try to take a large bite and swallow the non-food item.

the coke prize cans don't seem to violate that as the non-food item and the liquid are separate.

lucky they didn't outlaw cherries, plums or peaches.

Isn't that why kinder eggs have a rather large plastic shell that contains the toy? I haven't seen one in years, but from my memory, even an adult would be unable to consume - or swallow enough to choke on - the plastic shell.

right, you'd have to wolf it down believing that it must all be edible.

it is conceivable that someone takes a large bite that causes the inner container to open up and let small pieces of plastic fall out into the mouth.

but the law was not written for kinder eggs. i can imagine much more dangerous products.

i believe in germany they approach this with better product testing. instead of blanket rules for what is allowed and what not, individual products are tested for safety, and get regulated based on that.

This might also be the reason why they used non-potable liquid (even if it was harmless).

i think so too, but selling a non-consumable in a package that claims to be a consumable is also a problem, so i am not sure they thought this through

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