This has been the case since 1938, until 2 weeks ago when Kevin Gass released Choco Treasure. This is an Americanized version of the oh-so-magical Kinder Surprise. While it does have a non-nutritive component, the candy-lover worked along with the FDA to create a suprise egg without the choking hazard. On their website: http://www.chocotreasure.com, you will find a section with explanations on how their eggs compare to international chocolate suprise eggs.
Here's a short summary:

Choco Treasure eggs enclose larger toys without small detachable pieces. The plastic egg inside has a rounded ridge that indicates it's inside the chocolate. Also, the outer layer of Choco Treasure eggs are made with milk chocolate instead of a mixture of white and milk!
So! Toy-filled eggs are back in town! ... But unfortunately not Kinder ones. :( (The big question comes when you consider whether or not they are infringing upon Kinder's copyrights? Not only are they mimicking the actual idea and process of a Kinder Egg, but their advertising and packaging looks just like it. Maybe they worked out a deal with Ferrero, inc.?)
Whether or not they are name brand eggs, I'm sure they are still magical :)
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