Confectionery Products Containing Non-Nutritive Components

Why FDA issued it

NOTE: The revision of this Import Alert (IA) dated 03/13/2024 updates the reason for alert, guidance section, product description and charge code section. Changes to the import alert are bracketed by asterisks(***). REASON FOR ALERT: Import Alert #34-02 was created as the Agency was made aware of a product called "Kinder Surprise Eggs," and similar articles containing imbedded, non-nutritive objects, being offered for sale in the United States. The imbedded non-nutritive objects in these confectionery products may pose a public health risk as the consumer may unknowingly choke on the object. ***Recently, the Agency was made aware of additional confectionery products containing non-nutritive objects offered for sale in the United States. The non-nutritive objects in these products are not imbedded within the confectionery but are an integral part of the confectionery. The non-imbedded, no

Quoted from the “Reason for Alert” section of the FDA page for 34-02, mirrored 30 August 2026. The quotation is truncated at the length this copy carries.