Nestle USA will stop selling chocolate candies with Disney toys hidden inside even though the company insists the treats are safe.
The Consumer Product Safety Commission agreed that the Disney movie figures - inside a plastic ball covered in Nestle Magic chocolate - were too big to choke a child. And the Food and Drug Administration confirmed Wed-nesday that it knew of no injuries associated with Nestle Magic.The FDA had not decided whether to force Nestle to pull the chocolates off the market, but the candy giant responded to growing criticism by announcing Wednesday that it would voluntarily stop marketing the candies.
Nestle did not recall the chocolates, but anyone who wishes to return them to the store where they were purchased will be given a refund, said spokeswoman Laurie MacDonald.
"Some of the toys barely, and I mean by a fraction of a little toe, pass the standard choke test," said Connecticut Attorney General Richard Blumenthal, who led several state attorneys general in denouncing the candies. "No major corporation ought to be embedding toys in candy, not to mention this kind of tiny character."
Nestle Magic debuted in July - even though the FDA warned Nestle at the time that selling the chocolates violated a federal law that prohibits non-nutrition items from being embedded in food unless the agency issues an exemption.
The FDA never granted that exception to Nestle but did not immediately take action against the company because its own preliminary review concluded the candies did not pose an imminent hazard.