Office of the Attorney General News Release Archive

Thursday, March 11, 1999


AUSTIN - Texas Attorney General John Cornyn

Because of consumer concern, Nestle Magic, a combination toy and candy, was removed from store shelves in 1997. Nestle Magic contained a small toy embedded inside a chocolate ball which was potentially dangerous for small children. Texas and United States food laws explicity prohibit the sale of candy which has an embedded inedible object.

The Attorney General alleged that Nestle also violated Texas consumer laws in falsely advertising the candy as child-safe. Nestle also failed to disclose information concerning the safety of Nestle Magic to the public.

The terms of the agreement prohibit Nestle from selling Nestle Magic or any similar product unless Nestle complies with provisions of federal and state food laws. Nestle is also prohibited from making any false or deceptive advertising claims about the safety of Nestle Magic or any similar product.

The other participating Attorneys General represent Connecticut, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, and Wisconsin. This case was handled my assistant Attorney General Joyce Wein Iliya and Craig Jordan of the Dallas Office of the Consumer Protection Division. The Texas settlement was filed today in District court in Dallas County.

- 30 -

Contact Ted Delisi, Heather Browne, or Tom Kelley at (512) 463-2050