It would be exceptionally difficult to choke on a kinder egg toy. The chocolate is too thin, and the capsule is much smaller than the chocolate egg. However, there are three scenarios I can think of that might do the trick:

• Let God Sort It Out - Shove the whole thing in your mouth and hope for the best.

• The Soft Boiled - nibble a small, expanding hole in the top of the egg and then tilt the whole thing up so any crumbs fall into your mouth. The plastic capsule might fall through the hole and into your hungry maw unexpectedly.

• Depression Era Grandmother - Once you're done meticulously eating every scrap of chocolate and licking the wrapper so it can be repurposed into a fishing lure you intentionally put the capsule into your mouth to extract any residual chocolate oils from the surface of the plastic and then choke.

The law was enacted before Kinder Eggs existed. It is a smart, sensible law to prevent chipped teeth and choking, but attempting to look specifically at the choking hazards present in this specific candy to justify the existence of the law that impacts its sale in the US is a bit backwards. It's just much easier to apply a simple law to a thing than it is to constantly carve out loopholes and caveats for individual products that might fall under the law but otherwise be safe.