Kinder Surprise

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File:Überaschungs-Ei.jpg
An unopened Kinder Surprise with the opened chocolate shell and the included toy with its original plastic container.
Kinder Surprise contains a toy inside a plastic shell (new shell).
File:Kinder Surprise Christmas.jpg
Kinder Christmas, a 150g egg released on Christmas Eve.

Kinder Surprise, also known as a Kinder Egg or, in the original Italian, Kinder Sorpresa, is a confection manufactured by Italian company Ferrero. Originally intended for children, it has the form of a chocolate egg containing a small toy, often requiring assembly.

Overview

Kinder Surprise originated in 1973 in Italy as Kinder Sorpresa. The German word "Kinder" in the name came about because in 1967, Ferrero's German subsidiary introduced Kinder Chocolate ("Kinderschokolade") to the German market, and in 1968 that product was introduced to Ferrero's native Italy, establishing the "Kinder" brand there, prior to the introduction of the Kinder Sorpresa chocolate eggs. Kinder Surprise eggs were introduced to the German market in 1974, and for many years this was the largest market for the product.

The toys are designed by both inside designers and external freelancers (for example the French artist André Roche based in Munich) and manufactured by many companies worldwide, such as Produzioni Editoriali Aprile, a small company based in Turin, Italy, run and founded by two brothers, Ruggero and Valerio Aprile.

Kinder Eggs are sold all over the world excluding the United States, as the 1938 Federal Food, Drug, and Cosmetic Act contains a section highlighting that a confectionery product with a non-nutritive object, partially or totally imbedded within it, cannot be sold within the United States, unless the FDA issues a regulation that the non-nutritive object has functional value. No such regulation has been issued. [1]

In 1997, the staff of the CPSC, the Consumer Product Safety Commission, examined and issued a recall for some Kinder Surprise illegally brought into the US with foreign labels. [2]

In Europe they have become a minor cult phenomenon among adults. There is even a thriving collector's market for the toys. There are many types of toys available, but some of the most popular with collectors include the ever-changing series of small hand-painted figures (some have to be assembled); cartoon characters; metal figures and jigsaw puzzles. Seasonal eggs are introduced around the holidays, such as the limited-edition creche collections (featuring such characters as the three kings, baby Jesus, and assorted barnyard animals) found around Christmas, and the huge ones found at Easter (extremely popular in Italy).

A relatively new innovation, triggered by the advent of the Internet, is the introduction of "Internet surprises". Accompanying the toy is a small slip of paper containing a "Magicode". This code gives access to games at the Magic Kinder website, some for downloading, some for playing online.

Classification and identification

Classifying and identifying Kinder Surprise toys is a rather complex exercise. There are several different lines, and a number of different numbering systems have been used over the years. Until the 1990s, the toys were seldom numbered at all, which can make identification difficult (although some early toys, especially hand-painted figurines, have a Ferrero mark). Kinder history can be broadly split into two periods: pre-2004 and post-2004. The pre-2004 toys were made by Ferrero. But in 2004, a Luxembourg-based company called MPG (which stands for Magic Production Group) took over toy production, although Ferrero continues to make Kinder Surprise chocolate.

In recent years, there have also been reproductions of older toys, which Kinder collectors frequently refer to as "recasts".[3] These "recasts" first appeared in Poland, but soon spread to other Eastern European countries and eventually to Canada, Mexico, South America, Australia and New Zealand. They have very similar papers to the original releases, but the numbering is slightly different. For example, a "recast" of K93 No. 81 is simply numbered "No. 81". Both the toys and papers have this altered numbering. Recasts are not very popular with collectors, but they are nevertheless sought after by completists.

Limited editions

In addition to the regular collectible toys, Kinder Surprise series generally contain special limited-edition sets. These sets tend to vary greatly between countries, with many variations in toys, but more especially papers, which tend to be unique to the specific countries in which the sets are released. Some sets are released in many countries, while others are only issued in one or two.

Hand-painted figurines are solid toys that generally do not require assembly. They are very popular with collectors. They can be broadly divided into two types: animal themes and cartoon characters. The earliest sets were released only in Germany and Italy, but after about 1993, they were released in many different countries. There have been many sets of metal figures, the majority of them being soldiers, issued since late 1970.

Prohibition on sale or import into the United States

While Kinder eggs have been available in Canada since 1975, the product has never been allowed into the US for several reasons.

The 1938 Federal Food, Drug, and Cosmetic Act contains a section highlighting that a confectionery product with a non-nutritive object, partially or totally imbedded within it, cannot be sold within the United States, unless the FDA issues a regulation that the non-nutritive object has functional value.[4] Essentially, the 1938 Act bans “the sale of any candy that has imbedded in it a toy or trinket.” [5]

In 2012 the FDA re-issued their import alert stating “The imbedded non-nutritive objects in these confectionery products may pose a public health risk as the consumer may unknowingly choke on the object.” [6]

In 1989, Ferrero sought a regulation through a petition, but it was later withdrawn and no such regulation has been issued.[citation needed]

In 1997, the staff of the CPSC, the Consumer Product Safety Commission, examined and issued a recall for some Kinder Surprise illegally brought into the US with foreign labels. The staff determined that the toys within the eggs had small parts. The staff presumed that Kinder Surprise, being a chocolate product, was intended for children of all ages, including those under three years of age. On this basis, the staff took the position that Kinder Surprise was in violation of the small parts regulation and banned from importation into the US. [7]

However, no statute or regulation of the CPSC specifically addresses this category of products in the US.

It should be noted that wherever marketed and sold throughout the world, Kinder Surprise bears prominent warnings both on the outer and inner packaging advising the consumer that the toy is “not suitable for children under three years, due to the presence of small parts” and that “adult supervision is recommended.” [8]

Since the launch of Kinder surprise in 1974 there have been 2 publicly recorded choking fatalities, in 1985 and in 1989, associated with parts of a toy from the product. The judicial inquiries determined that these had been unfortunate fatalities and that there was no causal link between the incidents and the combination of the toy and the egg, since the incident occurred several days after the consumption of the chocolate. This was thoroughly discussed in the UK House of Commons [9] [10] [11] and also by the UK Department of Trade and Industry which said, "The child’s tragic death was caused by the ingestion of a small part of the egg’s contents. Many other products and toys with small parts are available in the market place. If we were to start banning every product that could be swallowed by a child, there would be very few toys left in the market.” [12]

On January 10, 2011, it was reported that a Kinder egg was seized from a woman's car during a random inspection while entering the United States from Canada. She was informed that bringing the egg into the United States could result in a $300 fine. Seizures such as that one, and even the prohibition of the product itself, have been cited on political blogs and web forums as an example of an overzealous application of law and an intrusion upon personal liberty.[13] The rationale against a ban of the product also takes the form that deaths have been too few for it to be considered a serious danger. Additionally, the argument is made that there should be a consistent standard in place, as several worse dangers are not regulated.[14]

File:Kinder-Joy.jpg
Two Italian Kinder Merenderos (Kinder Joy).

Other Kinder Surprise egg types

In addition to the main line of Kinder eggs, giant-sized Kinder eggs known as "Maxi eggs" are also manufactured. They include toys bigger than the regular-sized ones.

They are sold under the name of Kinder Joy in Austria, Brazil, the Czech Republic, Bulgaria, Hungary, France, Germany, Greece, India, Croatia, Indonesia, Israel, Poland, Romania, Russia, Slovakia, Spain, Taiwan, Turkey, Hong Kong[15], Portugal, Colombia, South Africa, Singapore, Malaysia, Argentina, Ukraine, Cameroon, the Middle East, Venezuela and various Latin American countries.

See also

Notes