That doesn't make it right. There have been something like 6 Kinder egg related deaths in the last 20 years [1], versus 1.5 BILLION of them sold every year [2]. Meanwhile, thousands of people die each year from choking on normal food that doesn't contain plastic objects.
I am not arguing this is right. I am just pointing out this is entirely possible. In fact I would tend to agree with you. Tobacco is a proven bad drug, and it hasn't been made illegal. There are obviously other parameters to take into account but still.