YESS KINDER EGGS LEGAL NOW.

The fact he would be attempting to scrape the chocolate off with his teeth, rather than breaking it in half, may imply he'd be one of the poor victims who choke on the capsule if he was introduced to this product.

+1 American justice, saving another life.

Or it might imply he is one of the poor souls who live in a warm climate, where these eggs tend to soften to the point where the chocolate must be licked off the capsule.
On the other hand, he said he has no experience with them and was basing his opinion on the picture. Guess you're right.