Could box breaking be considered gambling or a lottery?

A long-standing practice in the collectibles industry is facing scrutiny amid legal challenges levied at two live shopping platforms.

Two separate legal claims say that "breaking," a practice in which sealed boxes of cards or memorabilia are opened on a livestream in front of individuals who purchased "slots" to claim pieces of the lot, could be considered unlawful gambling schemes. The claims say randomized box breaks are effectively unregulated games of chance.