[vidarh]

The EU rejected banning them in 2000 despite more than a decade of campaigning by parents of three children who died in the 80's from choking on parts of the toys [1]

No further action appears to have been taken by the EU since, and I've not found any mentions of further deaths since either.

Note that none of these three kids "did not see it". The toys in Kinder eggs are contained within large yellow containers, and none of the kids choked on the container, they choked on parts of the toy that they had taken out of the container.

The kids in question were 3 and 4 years old. 3 and 4 year olds regularly play with small toys, and most know better by then. If the child doesn't know better by 3-4 than to put tiny plastic toys in their mouth, then it's frankly the parents responsibility to supervise them better - they'll come into constant contact with small objects they can choke on in all kinds of places.

[1] http://www.thefreelibrary.com/Parents+hit+out+at+EU+over+tin...