Throughout childhood, we always enjoyed buying Kinder Joy Surprise Eggs, which always came with unknown surprises. But little did we know that those surprises could cause health hazards and expose us to undesirable situations. Know the facts of why Kinder Joy is not the center of focus in India, considering the case it once sold products based on the toy-in-chocolate design.
Why Kinder Joy was banned in the USA?
So, let’s clear the air and address the confusion. Kinder Joy is not banned in the USA; it is one of the products the company sold, called “Kinder Joy Surprise Eggs,” which was forbidden. The ban was because the surprise eggs that Kinder Joy sold contained toys encased in the chocolate it contained, which violated the 1938 Federal Food, Drug and Cosmetic Act (FDCA) of 1938, particularly the law of Section 402 (d), which essentially prohibits the sale of confectionary items with objects, non-nutritive embedded in it.
The fundamental aim of this ban was to also prevent possible choking hazards and consumption of items which are life-threatening and unsafe. Apart from the USA, other nations such as Chile, Canada and Belgium are regions where this product is completely banned.
So basically, the ban stems from the issue that children consuming the chocolate inside the surprise eggs might also consume the soft toy by mistake. Hence, the ban was imposed, but it did not stop Kinder Joy from producing similar items in the future. And why would they?
Kinder Joy responded to this issue by creating a similar product shape where the toy embedded in the chocolate was kept apart. When split in half, the eggs contained the toy, a spoon on one side, and the chocolate on the other, which seems utterly okay from a neutral standpoint.
Now the million dollar question –
Why is it not banned in other parts of the world, particularly India?
Differences in regulatory norms
Firstly, the different public perceptions of food safety are fundamental reasons why Kinder Joy Surprise Eggs were not banned in India. Moreover, there are substantial differences in the policies of the FDA (Food and Drug Administration) of the USA and the FSSAI (Food Safety and Standards Authority in India). The FSSAI seems more reluctant to handle this issue, which seems unfair, considering that children might face the hazards mentioned if the toy is swallowed. Kinder Joy sold surprise eggs with the same design in India even after the ban that they faced in the USA.
The company has completely stopped selling products with the toy-inside-chocolate design in India. However, it is to be noted that they did sell such items in the past. The new products sold in India are the same as those introduced after the ban in the USA: eggs containing separate compartments, including a spoon and a toy and the other chocolate.
Increasing consumer demand and popularity in India
Despite accusations, the company in India is really famous. The parent company of Kinder Joy, Ferrero, is the world’s third-largest producer of confectionary items and is the second-largest manufacturer of toys in India. On average, Ferrero makes 900 million toys, from which almost 270 million are sold in India, and the rest are exported in the form of Kinder Joy packs all across the globe. Conversely, Kinder Joy’s success story in India is both a good and a potential threat if specific regulations are not followed.
However, they are profitable and still operating because the company has stopped producing similar hazardous items. It is also a fact that there has been no notable report of choking or related safety incidents concerning the toy component of Kinder Joy in India, which has enabled the company to continue its operations without any restrictions. This has also facilitated the company to grow its sales and profitability margins significantly in the last decade, with more and more consumers opting for their products and identifying them as popular choices.
Focus on public health
India and its regulatory bodies seem more focused on adulteration, quality and hygiene issues and less on non-edible toy components. It is because no company, including Kinder Joy, were found historically not obliging to the nation’s regulatory bodies. Moreover, the company had not faced any safety accusations; incidents of choking from this company products were never reported. Hence, there is no point in regulatory authorities intervening as there was never any public outcry or evidence of possible harm.
Education and advocacy efforts
One possible reason is that Ferrero might have spent both time and money educating the general public or the buyers of the Kinder Joy products about specific health hazards that might follow if the toy inside the egg was consumed. For example, the company clearly states as a disclaimer that the product is to be consumed by children above 3 years due to the presence of small toy components, which might cause a choking hazard. On the other hand, the company’s official website clearly mentions that the Kinder Joy products contain wheat, milk and soy; overconsumption of these items might trigger allergies and cause symptoms such as vomiting and abdominal pain.
A basic advice
Observing if chocolate products harm your child is critical, as overconsumption of anything is always harmful. If there is any allergic reaction, it is highly advised that the parents seek medical help as soon as possible without any delay. It is also recommended that children are monitored when consuming products containing toy items, as it is necessary to ensure that they do not swallow such items and subsequently face choking problems.
Verdict
The verdict certainly favors Kinder Joy as the product, despite what it was previously, which is not the same now. It is a fact that the company was obliged to comply with the FCDA laws and refrained from developing similar items and selling them in India. Moreover, there have been no hazardous incidents in the past, which provides Kinder Joy with a free run to continue its operations and attract more consumers to its products and unique confectionary resources.
FAQ
Why was Kinder Joy banned in the US?
Kinder Joy’s original design, which included a toy embedded within the chocolate, violated US food safety regulations due to potential choking hazards.
Is Kinder Joy banned in India?
No, Kinder Joy is not banned in India. However, the company has modified its product design to comply with local regulations.
What changes did Kinder Joy make to its product?
Kinder Joy modified its product to separate the toy from the chocolate, reducing the risk of accidental ingestion.
Are there any health concerns associated with Kinder Joy?
While the modified design addresses the choking hazard, it’s important to be mindful of potential allergies to ingredients like wheat, milk, and soy, which are listed on the product packaging.
Why is Kinder Joy so popular in India?
Kinder Joy’s popularity in India is attributed to its unique concept of combining a toy with chocolate, appealing to children and parents alike. Additionally, the company’s marketing strategies and the absence of major safety concerns have contributed to its success.
What precautions should parents take when giving Kinder Joy to their children?
Parents should supervise young children while they consume Kinder Joy to ensure they don’t accidentally swallow the toy component. It’s also important to be aware of potential allergies to the ingredients listed on the packaging.
