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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as an accessory. Celebrities such as Rihanna, Kim Kardashian and even David Beckham have <a href="https://www.eonline.com/news/1418685/what-is-labubu" target="_blank" rel="noreferrer noopener">shared their love</a> of the figurine. It’s no wonder it has blown up in popularity; Labubu combines two of the hottest trends: (1) kidult and (2) blind boxes. The kidult trend refers to adults who engage with toys, games and other activities typically associated with childhood – often driven by nostalgia or as a way to unwind and leave adult stress behind – while a blind box is a type of packaging where the consumer is unaware of what exact figurine is in the box until it is opened. So a consumer will purchase a blind box and have no idea what they are actually getting.

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While we totally get the vibe of the kidult trend, we also must think about the real kids. If you are marketing a product that may be appealing to children, or blurs the line between kidult and actual kid, pay particular attention to the language you are using and make sure kids understand the probability of getting that actual product. As the Federal Trade Commission has <a href="https://www.ftc.gov/system/files/ftc_gov/pdf/p214505kidsadvertisingstaffperspective092023.pdf">previously studied</a>, children struggle to understand what is and is not advertising. If your product ventures into both the kid and kidult spaces, we recommend making your disclosures more kid than adult and using clear, easily understood language.

While blind boxes are largely an unregulated space, there are some best practices to consider before you start obscuring your products and sending them out to encourage unboxing videos. Best practices for blind boxes include ensuring truth in advertising, making proper disclosures and considering what additional disclosures may be required if you are including a “super rare” item in the box.

Truth in advertising – Remember when surprise toys were simple? The illustrious claw machine showed players all the prizes available through a sheet of clear glass. But now surprise toys are hidden behind several layers of packaging. And while all this packaging makes for a very dramatic unboxing video, it completely obscures what you are actually buying. Provide consumers with information as to what items are in a blind box collection before the time of purchase; that way they know what could be in the box.

Disclose, Disclose, Disclose – We have all been there before: You are buying a blind box with the hope of getting the yellow creature, but then you open it and are so disappointed to see the red one. While showcasing the bevy of options contained in the blind box, businesses should be informing consumers about the real chances of getting each option. Provide the consumer with as much information as possible before they purchase the blind box so that they know the odds of getting the item they actually want. Make a clear and easily understood statement about the actual probability of receiving each of your items.

The Ultra-Super-Rare – What’s better than a prize inside? An ultra-super-rare prize inside, of course! Many blind box collections include a special or rare character that appears less frequently than the regular figurines. Because there is a lower chance for these items to appear in a box, they are highly sought after and potentially very lucrative on the resale market. If you are including an item with lower probability in your blind box collection, you should inform customers of the actual probability rate for this special item. This disclosure should appear separate from the probability disclosure for the general items so that consumers can better understand the likelihood of actually getting the ultra-super-rare item.

Legally speaking, what is a Labubu?

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