I’m sorry, but the original Kinder Eggs are still banned in the US. We can’t get them. We can get Kinder Joy, but that’s because the product was changed, not because the laws were changed.
“has partially or completely imbedded therein any nonnutritive object, except that this subparagraph shall not apply in the case of any nonnutritive object if, in the judgment of the Secretary as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health;”
So, I think the point still stands. Now, if he had said Kinder Joy, maybe he would have a leg to stand on, but he did say Kinder Egg. Anyway, Toys or anything that is fully encased in food is still banned.
Also, Kinder Joys suck. I want my Kinder Egg!