In the case of foods being sold with ingredients that have been banned in Europe because of the choking risk they represent -some Chinese or Japanese gums, for example - the case is clear. It's where things are designed and permitted to go into the mouth in the first place. That's the real challenge. There was a case three or four years ago where a child died by choking on a cube of jelly during free play at a nursery. In that case, there were no specific regulations that cover choking. Retailers and manufacturers do take the initiative and will put warnings on various foodstuffs, but when you come back to the legislative framework, there isn't a whole lot of guidance. Companies are left to do their own risk assessment.
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