https://www.cpsc.gov/Newsroom/News-Releases/2006/CPSC-Warns-of-Banned-Kinder-Chocolate-Eggs-Containing-Toys-Which-Can-Pose-Choking-Aspiration-Hazards-to-Young-Children

This product is banned for sale in the United States because the toy surprise hidden inside can pose choking and aspiration hazards to children younger than 3 years of age

https://legalclarity.org/kinder-eggs-banned-in-the-u-s-laws-and-import-penalties/

The main concern for safety officials is the risk of choking for young children. The Food and Drug Administration (FDA) has determined that objects embedded in confectionery can pose a public health risk because a child might unknowingly swallow the item while eating the chocolate. Under the FD&C Act, it is illegal to introduce such adulterated food products into interstate commerce, which prevents them from being sold or distributed within the United States.

So “yes” but also “choking hazard” and “I really don’t care that much, they’re just chocolate eggs.”