http://www.flickr.com/photos/thedamnmushroom/4475677154/
Considering those are legal and every other country manages to protect their children from products clearly labelled "not suitable for children aged 3 and under", unless american parents are substantially more stupid than the curve it shouldn't be a problem.
I'd say its more to do with discouraging foreign imports, the candy market in American is pretty insular. Kinder is a pretty huge chocolate franchise that maybe they don't want running rampant. I notice looking at the Ferrero site the European version has their chocolate range pretty prominent, the American site is only Tic Tacs and Nutella.
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Smurf, the cream of Sonic fanboyism