Import Alert 34-02: Detention without physical examination of confectionery products containing non-nutritive components
As of October 25, 2026, FDA Import Alert 34-02 (Confectionery with non-nutritive components) lists 21 firms on its red list in 12 countries, covering confectionery products containing non-nutritive components, such as small toys or objects; 0 firms were added and 0 removed in the last 90 days.
Data from FDA public records, last checked . Request a correction
- 21
- firms on the red list
- 12
- countries
- 0
- added in the last 90 days
- 0
- removed in the last 90 days
What changed in the last 90 days
Removed from Import Alert 34-02
SupplierRadar has recorded no removals from Import Alert 34-02 in the last 90 days, as of October 25, 2026. A removal is shown at the top of this page, and on the firm's own page, the day it is found.
Added to Import Alert 34-02
No firm was added to Import Alert 34-02 in the last 90 days, as of October 25, 2026.
Firms on Import Alert 34-02, by country
Listings by country
Italy (4)
FDA refusals from Italy| Firm | List | Products | Date published |
|---|---|---|---|
| Cisa S.R.L.Rovereto | Red | Candy Bar or Pieces (not Caramel or Fondant), Soft, without Nuts and Fruit (without Chocolate) | |
| Dolciaria Luigia Snc Di Baiocchi Natale & C.Bellaria-Igea Marina | Red | Milk Chocolate Easter Egg (30g; 150g;; Dark Chocolate Easter Egg (350g; 500g; 1000g;; Dark Chocolate Easter Egg (350g; 5 | |
| Luigi Zaini S.p.AMilan | Red | Milk Chocolate Egg (egg contains Frozen toy character) | |
| Luigi Zaini S.p.A.Senago | Red | Milk Chocolate Egg (egg contains Frozen toy character) |
Japan (3)
FDA refusals from Japan| Firm | List | Products | Date published |
|---|---|---|---|
| BaytradeKobe | Red | A720 choco egg poke mon cracker | |
| Furuta Confectionery Co., Ltd. Mihara FactorySakai | Red | A720 choco egg poke mon cracker | |
| Furuta Seika Co., Ltd Mihara FacSakai | Red | A720 choco egg poke mon cracker |
Poland (2)
FDA refusals from Poland| Firm | List | Products | Date published |
|---|---|---|---|
| ARSENAL PL Sp. Z o. oBialystok | Red | Kinder Surprise | |
| Ferrero Polsk Sp Z.O.O.Warsaw | Red | Kinder Egg |
Russia (2)
FDA refusals from Russia| Firm | List | Products | Date published |
|---|---|---|---|
| Shokoladniy Dom EkaterinburgBerezovskiy | Red | Chocolate Figure New Year Mix with Surprise; Chocolate Figure Ewe Lamb; Chocolate Figure Happy New Year with Surprise | |
| Zao "Russkiy Chocolate"Moscow | Red | Doll Shaped Chocolate with Surprise Inside |
Turkey (2)
FDA refusals from Turkey| Firm | List | Products | Date published |
|---|---|---|---|
| Simsek Biskuvi ve gida sanayii A.s.Karaman | Red | Chocolate Candy Pieces, without Nuts and Fruit; Chocolate Covered Candy Pieces, without Nuts and Fruit; Chocolate Sucker | |
| Taricho Gida Ic Ve Dis Tic ASBeylikduzu | Red | Cocco Candy Rolling Candy Assorted Flavors |
United Kingdom (2)
FDA refusals from United Kingdom| Firm | List | Products | Date published |
|---|---|---|---|
| BritsuperstoreDover | Red | Kinder Surprise | |
| Cadbury Trebor BassettBirmingham | Red | Milk Chocolate Eggs Aka Dairy Milk Buttons Chocolate egg containing milk chocolate pieces in plastic bag |
Argentina (1)
FDA refusals from Argentina| Firm | List | Products | Date published |
|---|---|---|---|
| Ferrero ArgentinaLos Cardales | Red | Milk Chocolate Eggs aka Kinder Sorpresa (chocolate egg containing capsule with puzzle pieces) |
Brazil (1)
FDA refusals from Brazil| Firm | List | Products | Date published |
|---|---|---|---|
| Dist. Int'L De Prod. Brasileiro EirRio De Janeiro | Red | Chocalate eggs |
Canada (1)
FDA refusals from Canada| Firm | List | Products | Date published |
|---|---|---|---|
| The Candy Tree CompanyCalgary | Red | Hard Candy without Nuts and Fruit, N.E.C. (without Chocolate) |
Lithuania (1)
FDA refusals from Lithuania| Firm | List | Products | Date published |
|---|---|---|---|
| Uab "Daisena"Kovno | Red | Chocolate eggs aha zoo |
Mexico (1)
FDA refusals from Mexico| Firm | List | Products | Date published |
|---|---|---|---|
| Distribuidora Saa / Mayoreo y MenudeoTijuana | Red | Milk Chocolate Eggs aka Kinder Sorpresa (chocolate egg containing capsule with puzzle pieces) |
Slovakia (1)
FDA refusals from Slovakia| Firm | List | Products | Date published |
|---|---|---|---|
| I.D.C. HoldingBratislava - Ruzinov | Red | Kinder Egg Milk Chocolate Egg with Toy inside |
Refusal charges named on this alert
| Charge code | Meaning | Refusal lines since 2016 |
|---|---|---|
| POISONOUS | Poisonous or deleterious substance | 2,420 |
| FOREIGN OB | Appears to contain foreign objects. | 174 |
| IMBED OBJT | Appears to be a confectionary that has partially or completely imbedded therein any nonnutritive object. | 28 |
What the alert covers and why FDA issued it
- Official title
- Detention Without Physical Examination of Confectionery Products Containing Non-Nutritive Components
- Product scope
- Confectionery products containing non-nutritive components, such as small toys or objects, which may be partially or completely imbedded in the food product. Confectionery products that are injurious to health due to a non-nutritive component of the food.
- Last published
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, non-nutritive objects may pose a public health risk as they have the potential to detach and cause the consumer to choke on the object.
Read the rest of the reason
Section 402(d)(1) of the Federal Food, Drug, and Cosmetic Act provides that confectionery having partially, or completely imbedded therein, any non-nutritive object is adulterated unless FDA has issued a regulation recognizing that the non-nutritive object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health.
Section 402(a)(3) of the Federal Food, Drug, and Cosmetic Act provides that a food shall be deemed adulterated if it is unfit for food.
Section 402(a)(1) of the Federal Food, Drug, and Cosmetic Act provides that a food shall be deemed adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health.
This import alert has been developed for specific firms that have offered adulterated, confectionery products containing non-nutritive objects for entry, and for when detention without physical examination is appropriate.
Listing on an import alert is FDA's notice to the firm and a fact an importer must consider in its supplier evaluation under 21 CFR 1.505. What the red, green and yellow lists mean.
Questions about Import Alert 34-02
- What is Import Alert 34-02?
- Import Alert 34-02, “Detention without physical examination of confectionery products containing non-nutritive components”, is an FDA import alert. FDA may detain confectionery products containing non-nutritive components, such as small toys or objects from the firms on its red list without physical examination; FDA last published the alert on May 12, 2025.
- Which firms are on Import Alert 34-02?
- As of October 25, 2026, 21 firms are listed on Import Alert 34-02 in 12 countries; the most listings are in Italy (4), Japan (3) and Poland (2). The full table, grouped by country, is below on this page and every firm links to its record.
- How do firms get off Import Alert 34-02?
- A firm asks FDA to remove it by submitting evidence that the cause of the listing has been corrected. The Guidance section of the alert on FDA's website gives the procedure and the contact for 34-02; our guide explains the steps and the evidence FDA usually asks for.
- What charge does FDA use under Import Alert 34-02?
- The charge section of Import Alert 34-02 names POISONOUS (poisonous or deleterious substance), FOREIGN OB (appears to contain foreign objects.) and IMBED OBJT (appears to be a confectionary that has partially or completely imbedded therein any nonnutritive object.). Each code is a refusal charge in FDA's reference table; the linked pages give FDA's official statement and refusal counts.
- Which firms were added to Import Alert 34-02 recently?
- No firm was added to Import Alert 34-02 in the last 90 days, as of October 25, 2026.
- Which firms were removed from Import Alert 34-02 recently?
- SupplierRadar has recorded no removals from Import Alert 34-02 in the last 90 days, as of October 25, 2026. A removal is shown at the top of this page and on the firm's page the day it is found.
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SupplierRadar is not affiliated with the U.S. Food and Drug Administration. Data comes from public FDA records and may contain errors. This is not legal advice; importers remain responsible for their supplier evaluations.