From what I understand about the law, it's actually that exist thing that is also the basis for the laws. Whether the items have "real" and "tangible" value.

It's technically pretty anti-american to regulate it as gambling, given how loose our gambling laws are in the US, but the nanny-state is also real.... save the children and all that. it would also potentially open a can of worms with physical items like trading cards or the popular collectibles you can get from blind bags too. imagine if those were treated as gambling items too lol