The U.S. Consumer Product Safety Commission (CPSC), in response to several state agencies' concerns, announced today that the Nestlé MagicTM chocolate-covered ball, containing a Disney toy figure, does not violate federal safety regulations.
CPSC closely monitors toys for children under 3, and requires recalls when toys violate the law or present a serious risk. CPSC recently issued a recall of Ferrero's Kinder chocolate eggs brought into the U.S. by Kreiner Imports. Each egg contains a toy with small parts that do pose a choking hazard.
Based on the size and shape of the Nestlé product, CPSC concludes the toys do not pose a choking hazard. CPSC examined all 24 toy figures found inside the Nestlé chocolate-covered balls. It was determined none of the figures violates the CPSC small parts regulation. This regulation prevents the sale of items that pose a choking hazard to young children. CPSC tests on the Nestlé product included an evaluation of sharp point hazards and simulation of the use and abuse to which toys are likely to be subjected. No violations were found.
"U.S. federal safety regulations are among the toughest in the world, and do not allow for the importation or distribution of any toy that presents a choking hazard to young children," said David Schmeltzer, CPSC Director of Compliance.
About the U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. Since the CPSC was established more than 50 years ago, it has worked to ensure the safety of consumer products, which has contributed to a decline in injuries associated with these products.
Federal law prohibits any person from selling products subject to a Commission ordered recall or a voluntary recall undertaken in consultation with the CPSC.
For lifesaving information:
- Visit CPSC.gov.
- Sign up to receive our email alerts.
- Follow us on Facebook, Instagram, X, BlueSky, Threads, LinkedIn and Truth Social.
- Report a dangerous product or a product-related injury on www.SaferProducts.gov.
- Call CPSC’s Hotline at 800-638-2772 (TTY 800-638-8270).
- Contact a media specialist.
Please use the below phone number for all media requests.
Phone: (301) 504-7908
Spanish: (301) 504-7800