For example kinder eggs are illegal in the USA, because even though the small(ish) plastic parts are inside a plastic inedible case, too many kids ate the small plastic parts.

Now, the vast majority of people eating kinder eggs, don't eat the toy. However because its reasonable that an unsupervised child would eat the plastic, they were banned.

But.

The point of FSD is that it is safe. If its safe, a drunk person who is behind the wheel, shouldn't be able to cause it to crash, if the FSD is engaged. FSD should fail safe.

but it can't fail safe, it is not "full self drive" and should never have been marketed as such.

However, people's safety is supplemental to large corporation's feelings/profits/liability.