Prohibition on sale or import into the United States[edit]The 1938 Federal Food, Drug, and Cosmetic Act contains a section highlighting that a confectionery product with a non-nutritive object, partially or totally embedded within it, cannot be sold within the United States, unless the FDA issues a regulation that the non-nutritive object has functional value.[8] Essentially, the 1938 Act bans “the sale of any candy that has embedded in it a toy or trinket”.[9]In 2012 the FDA re-issued their import alert stating “The embedded non-nutritive objects in these confectionery products may pose a public health risk as the consumer may unknowingly choke on the object”.[10]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.[11] 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.[11]Kinder Surprise bears warnings 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”.[12]In January 2011, U.S. Customs and Border Protection (CBP) threatened a Manitoba resident with a $300 (Canadian dollars) fine for carrying one egg across the U.S. border into Minnesota.[13] In June 2012, CBP held two Seattle men for two and a half hours after discovering six Kinder Surprise eggs in their car upon returning to the U.S. from a trip to Vancouver. According to one of the men detained, a border guard quoted the potential fine as US$2,500 per egg.[14] 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.[15]On December 26, 2012, a petition was created on the White House website through the "We The People" campaign to end the ban on the import and sale of Kinder Surprise Eggs in the United States. However the petition failed to meet the required number of signatures by January 26, 2013 and was therefore declined.