Because of their use of random chance to gain items after committing real-world funds, games using loot boxes may be considered a form of gambling. Steven Wright for
PC Gamer observed that several of the concerns for loot boxes related to gambling had been previously experienced through lawsuits in the 1990s against the
baseball card industry as well as with the physical
Pokémon Trading Card Game, but these cases did not impact either arena to a significant degree.
Asia and Oceania China In December 2016, China's
Ministry of Culture announced legislation which required "online game publishers" to publicly release from May 2017 onwards the "draw probability of all virtual items and services". When the law came into effect publishers complied, resulting in a variety of statistics being released which quantified the odds of Chinese players receiving different categories of item from each loot box, some of which were as low as 0.1%. Other changes mandated by the new regulations required publishers to limit the number of loot box purchases any player can purchase in a day (including limiting the size of multiple loot box bundle packages), and requiring the publisher to give more favourable odds to the player to get rare items with the number of loot boxes they have opened, effectively assuring a player of receiving a rare item by opening a fixed number of loot boxes. A 2021 paper evaluated the state of many Chinese games that used loot boxes, and found that of the current top 100 games offered on China's Apple App store, 91 of those games included loot boxes but only about 5% of these made full, proper disclosure of loot box probabilities to China's law. The law also banned game publishers from directly selling "lottery tickets" such as loot boxes. In June 2017,
Blizzard Entertainment announced that, "in line with the new laws and regulations", loot boxes in their game
Overwatch would no longer be available for purchase in China. Players would instead buy in-game currency and receive loot boxes as a "gift" for making the purchase. Effective November 2019, China's
General Administration of Press and Publication prohibited the sale of loot boxes to users under eight years of age and restricted their sale to older users under 18 years of age to a maximum monthly spending limit ranging from 200 to 400
renminbi.
Japan Following the success of the gacha model in
Puzzle & Dragons in 2011, it became recognised in Japan that the system was essentially gambling, particularly for younger players.
South Korea In March 2015, members of
South Korea's
National Assembly, led by the
Liberty Korea Party, proposed amendments to the country's existing games industry regulation that would require games companies to release "information on the type, composition ratio, and acquisition probability" of items granted by loot boxes.--> Efforts by the South Korean games industry to self-regulate has not convinced assembly members, who have continued to propose statutory regulation. However, there have been several revisions to the self-regulation (most recently, in July 2018), which now requires all video games to clearly display the payout rates of the items from the loot boxes to the player. There are also plans in the near future to expand the scope of this regulation to include other in-game purchases, such as the success rate of a paid consumable item whose purpose is to enhance another virtual item. The
Fair Trade Commission still oversees consumer issues related to loot boxes and video games; in April 2018, it issued a fine against
Nexon related to its game
Sudden Attack for deceptive loot-box practices, as well as two smaller fines to other companies. The National Assembly passed a new law in February 2023 requiring games with loot boxes to publish the odds of acquiring certain items to players or to be fined, with enforcement starting in March 2024. This led, among other changes, for
Respawn Entertainment to publish loot box rates for
Apex Legends, while EA disabled Ultimate Team packs in
FC 26 for Korean users.
Singapore In October 2014,
Singapore's parliament passed The Remote Gambling Act, which introduced a ban on unlicensed gambling websites and fines for anyone violating it. The law's definition of gambling included staking "virtual credits, virtual coins, virtual tokens, virtual objects or any similar thing that is purchased...in relation to a game of chance", leading to concerns that it would require producers of any game in which players paid money and received a randomised outcome to seek a license to operate from the government. In response to games industry lobbying home affairs minister
S. Iswaran clarified the law in parliament, stating that "the Bill does not intend to cover social games in which players do not play to acquire a chance of winning money and where the game design does not allow the player to convert in-game credits to money or real merchandise outside the game". The minister also specifically excluded platforms which offered "virtual currencies which can be used to buy or redeem other entertainment products", such as
Steam, from the provisions of the bill. However, the minister also said: The fact is that the line between social gaming and gambling is increasingly becoming blurred. What may appear benign today can quickly morph into something a lot more sinister tomorrow in response to market opportunities and consumer trends. That is why the legislation is cast broadly.The Remote Gambling Act was placed under review by
Ministry of Home Affairs of Singapore in 2021 with the aim to amend the law be technology agnostic, and may potentially include regulations for loot boxes among other types of non-traditional gambling products.
Malaysia In October 2021, the
Office of the Mufti for Federal Territories in Malaysia published on its website and social media channels finding that the acquisition and ownership of items promoted in
PUBG: Battlegrounds lootboxes are not always guaranteed despite enforcing an obligatory price of in-game currency to access them which would have to use real money, thus they qualify as a form of gambling (
maisir)
forbidden in
Islamic jurispudence.
Australia Within Australia, games with loot boxes would fall under gambling restrictions if they can be played "for money or anything else of value"; the question remains if items that only exist within game have "value" that can be quantified, even if this is related to an item's pretige. The
Victorian Commission for Gambling and Liquor Regulation has stated that it considers loot boxes to be gambling, but does not have the authority to prosecute companies registered overseas. The commission has suggested "an immediate
R rating" for any games which feature loot boxes as a solution to this limitation. In March 2018, the Australian Office of eSafety published a list of safety guidelines on the dangers of online loot boxes. The
Australian Senate passed a motion, led by
Jordon Steele-John, in June 2018 directing the Environment and Communications References Committee to investigate loot boxes and report back to the Senate in September 2018. The investigation, which started in August 2018, evaluated the use of loot boxes in video games and considered them under issues related to gambling and effects on children. The report, released in mid-September 2018, found that loot boxes are "psychologically akin to gambling", and that games with loot boxes are potentially "exploiting gambling disorders among their customers". The committee recommended that games with loot boxes be labeled to warn of parental guidance and indicate that they contain "in-game gambling content" and suggest that such games be rated to represent the legal gambling age in the country. In the final report, the committee urged the Australian government to "undertake a comprehensive review of loot boxes in video games" through a multi-departmental effort to determine what legislative and other actions need to be taken. A February 2020 report from the
Australian House of Representatives Standing Committee on Social Policy and Legal Affairs that focused on internet content that should be blocked behind age verification gates recommended that the Office of the eSafety Commissioner or similar body "report to the Australian government on options for restricting access to loot boxes and other simulated gambling elements in computer and video games to adults aged 18 years or over, including through the use of mandatory age verification". By August 2020, the
Australian Classification Board (ACB) had updated its regulations to state that games with any microtransaction, including loot boxes, must be labeled on their covers as containing "in-game purchases" as part of the ratings classification. MP
Andrew Wilkie introduced a bill in November 2022 that would require video games with loot boxes to be automatically rated by the ACB as R18+ or be refused a rating. By existing law, R18+ games are restricted from sale to minors. Wilkie stated that he believed that loot boxes in video games were grooming minors "for future gambling" as a rationale for the bill. The approach was modified in March 2023 so as to address any video game with simulated gambling, including loot boxes. These changes were implemented with enforcement starting in September 2024: games with simulated gambling would be rated R18+, and games "containing in-game purchases linked to elements of chance, including paid loot boxes" would be rated M.
New Zealand The Gambling Commission within the
Department of Internal Affairs for New Zealand stated, in response to a citizen's email, that currently in their view "loot boxes do not meet the legal definition of gambling", but are reviewing the situation as it progresses.
Europe Austria In March 2023, the district court of
Hermagor ruled that loot boxes contained in
FIFA (video game series) are gambling and thus illegal. The relevant question for the court was, if, on one hand, virtual goods have real value, and on the other hand, promise a gain. Especially with games of the
FIFA series, there is a black market where players are traded for real money. The decision required Sony (in accepting the payment for EA) to refund the money spent on Ultimate Team packs to the users, and EA to label the
FIFA games as "gambling games", requiring a license to use. The judgement is not final, and can be contested. However, Sony failed to apply for an appeal by May 2023, and subsequently, was ordered to refund money to the plaintiffs.
United Kingdom In March 2017, the UK's
Gambling Commission issued a position paper "Virtual currencies, esports and social casino gaming". Later, in November, the commission's executive director Tim Miller was interviewed on
BBC Radio 4 where he confirmed that the commission had also been investigating loot boxes and suggested
self-regulation of the games industry. The Commission issued a statement that month recognising that they cannot make the determination when loot boxes crosses over into gambling, as that they can only enforce what Parliament has issued as the law for gambling, and restating the legal definition of gambling in this regard from their earlier position paper. Miller said while they cannot take action toward loot boxes until Parliament changes the law, they can raise awareness of issues with loot boxes that might affect children and their parents, and are trying to evaluate the risks and issues associated with that as part of their August 2017 skin gambling investigation. Miller further stated that even if other countries were to pass laws or regulate loot boxes, the commission would still need to follow the UK's laws. In October 2017, a month prior to the
Battlefront II controversy, MP
Daniel Zeichner of Cambridge, on behalf of a constituent, submitted a written
parliamentary question "to ask the Secretary of State for
Digital, Culture, Media and Sport (DCMS), what steps she plans to take to help protect vulnerable adults and children from illegal gambling, in-game gambling and loot boxes within computer games". In response, MP
Tracey Crouch, parliamentary under-secretary for the department, referred back to the stance of the Gambling Commission's position paper, and said that:The government recognises the risks that come from increasing convergence between gambling and video games. The Gambling Commission is keeping this matter under review and will continue to monitor developments in the market.Separately, over 10,000 British citizens signed a petition requesting that the British government "adapt gambling laws to include gambling in video games which targets children", which includes issues over loot boxes. In March 2018, MP
Anna Turley of
Redcar asked the government to "bring forward legislative proposals to regulate the game mechanics of loot boxes". In response Minister of State MP
Margot James said that "PEGI informs consumers purchasing products from major app stores if they contain further purchases and are considering the possibility of placing these notifications on boxed products", and that "regulators such as PEGI and the Gambling Commission are speaking to industry to ensure that those who purchase and play video games are informed and protected". The Gambling Commission issued a report in November 2018 on the state of gambling and its effect on youth. While news outlets had stated that the Commission determined that loot boxes can be considered a gateway for youths to undertake gambling in other scenarios beyond video games, the Commission clarified that they had not made any direct conclusion, and only found that about 3 in 10 children in the UK have opened loot boxes in games. Starting in January 2019, the
Department for Digital, Culture, Media and Sport of the House of Commons opened up public input on how immersive technology like virtual reality may impact culture, with a specific focus on "the addictive nature of some technologies". The department has also held public hearings with members of the video game industry to solicit their input. The Gambling Commission issued a statement in July 2019 that they cannot oversee the sale of loot boxes in most video games as there is no way to monetise the items within the loot box, a core distinction from gambling as written in current legislation. The Commission did caution that there are third-party sites that enable the means to monetise loot box items, similar to
skin gambling, but they are not in a position to monitor those sited, and urged companies like Valve to take better steps to prevent skin gambling monetisation. In its final report, published 9 September 2019, the Department for Digital, Culture, Media and Sport recommended that the British government take precautionary steps to prevent the sale of games containing loot boxes to minors, and to work with PEGI to make sure that games with loot boxes are labeled as having gambling mechanics. Further, the report stated that "We consider loot boxes that can be bought with real-world money and do not reveal their contents in advance to be games of chance played for money's worth" and urged the government to add games containing loot boxes as regulated under the
Gambling Act 2005, which would restrict their sale. The report also agreed with the conclusions of the Gambling Commission that game publishes and developers must take more steps to limit the grey market of skin gambling. The
Children's Commissioner for England came out with a report the following month echoing the same concerns, that loot boxes are akin to gambling for minors, and encouraged updates to gambling laws to reflect how games may use them to draw minors to continue to spend money. The
National Health Service director of mental health
Claire Murdoch stated in January 2020 that the Service was incorporating concerns related to loot boxes and the mental health of youth into their
Long Term Plan, but cautioned that "no company should be setting kids up for addiction by teaching them to gamble on the content of these loot boxes. No firm should sell to children loot box games with this element of chance, so yes those sales should end." In June 2020, DCMS began requesting evidence from game companies related to loot boxes as part of a further investigation. It issued its first findings in July 2022, where it concluded that players of games with loot boxes were "more likely to experience gambling, mental health, financial and problem gaming-related harms". DCMS did not intend to change gambling laws in the UK to account for loot boxes as this "would have significant implementation challenges and risks of unintended consequence", but urged video game companies to employ measures to reduce the potential harm to players from loot boxes, such as implementing parental controls, more transparency on loot box odds, and warning players who have spent a large amount of money on loot boxes. The DCMS said they would not hesitate to change laws should the video game industry not work on these measures. The
House of Lords Gambling Committee released a special report on the state of gambling in the UK on July 2, 2020. The report identified the ongoing issue of loot boxes, how they may be seen as gambling and their effect on the youth, and concluded that "Ministers should make regulations under section 6(6) of the Gambling Act 2005 specifying that loot boxes and any other similar games are games of chance, without waiting for the Government's wider review of the Gambling Act." The
Advertising Standards Authority (ASA) issued guidance on mobile games in September 2021 aimed at how such games advertise their in-game premium currency. Among these factors, the ASA's guidance stated that games that included loot boxes must disclose this information on store pages and any advertising for the game. While the ASA cannot penalise companies that fail to follow their standards, being named by the ASA as going against their guidelines can be seen as a deterrent. In February 2017, the
Isle of Man's
Gambling Supervision Commission updated their regulations to explicitly define virtual items as being "money's worth" even when not convertible into cash, explicitly bringing loot boxes under statutory regulation.
Netherlands In April 2018, the Dutch
Gaming Authority issued a legal opinion that games which both sell loot boxes and permit the "transfer" of yielded items are illegal. In its report "Study into loot boxes: A treasure or a burden?", the authority stated that four games of the ten it studied violated gambling law in this way. It concluded that while the loot-box systems in the six remaining games did not meet the threshold for legal action, they "nevertheless foster[ed] the development of addiction" and were "at odds" with the authority's objectives. The authority gave the developers of the four unnamed games eight weeks to correct their loot-box system or face fines and potential bans on sales of the games in the Netherlands. Valve disabled the ability for players to trade in-game items from
Counter-Strike: Global Offensive,
Team Fortress 2, and
Dota 2, stating that they were told by the Dutch Gaming Authority that they had until June 20, 2018, to remedy the loot-box situations within these games. On July 11, 2018, Valve re-enabled the ability for players to trade in-game items from
Counter-Strike: Global Offensive, but restricted customers from the Netherlands and Belgium from opening loot boxes. EA had not modified
FIFA, leading to the Gaming Authority to seek fines from EA. EA had sued, but lost its case in October 2020, with the judge agreeing with the Gaming Authority's decision related to gambling, and was ordered to remove the ability to sell loot boxes to player in
FIFA within three weeks or be fined a total of per week up to a maximum until they were removed. EA has planned to appeal this decision. EA appealed the decision to the Dutch Administrative Jurisdiction Division, which overturned the decision in March 2022. The higher court ruled that since the Ultimate Team packs were part of the larger game of skill, it did not violate the Dutch gambling laws, reversing the fine against EA. The authority's investigation was opened following a
parliamentary question tabled by MP
Michiel van Nispen in November 2017. Announcing the investigation, the regulator warned of the "possible dangers" of "addiction and large financial expenses". Following its April announcement, the Gaming Authority began to solicit other European Union countries to help harmonise their ruling on loot boxes among the Union. In April 2019,
Psyonix disabled the ability for players in the Netherlands (and Belgium) to open loot crates with keys in
Rocket League due to government regulations.
Belgium Koen Geens has led some of the country's decisions on restricting loot boxes and seeks to extend Belgium's approach to all of Europe. In April 2018, shortly after the Netherlands' decision on loot boxes, the Belgian Gaming Commission completed its study of loot-box systems in four games,
FIFA 18,
Overwatch,
Counter-Strike: Global Offensive and
Star Wars Battlefront II, and determined that the loot-box systems in
FIFA 18,
Overwatch, and
Counter-Strike: Global Offensive were considered games of chance and subject to Belgium's gambling laws. The Commission stated that for loot boxes in
Overwatch, the action of opening a loot box is a game of chance to receive items of some perceived value to players, and there is no means to directly purchase in-game currency to obtain a specific item, while games like
FIFA 18 merge reality and fantasy by using real-life athletes to promote the loot-box system. Belgium's
Minister of Justice Koen Geens stated in these findings that "A dialogue with the sector is necessary" and that "It is often children who come into contact with such [loot box] systems and we cannot allow that". during which
Battlefront II had temporarily removed loot boxes, so was not considered in violation. The Commission ordered that the loot-box systems from these three games be removed, or otherwise the publishers could face criminal offenses and fines up to . Geens called for a
European Union-wide ban of loot boxes, saying that "mixing gambling and gaming, especially at a young age, is dangerous for the mental health of the child". In response to the announcement, several companies made their games with loot boxes unavailable to customers in Belgium with no financial recourse to customers who bought or paid for merchandise in the games: •
Valve said that they were "happy to engage with the Belgian Gambling Commission and answer any questions they may have".
EA and
Activision Blizzard declined to comment. As described above for the Netherlands, a patch to
Counter Strike: Global Offensive in July 2018 prevented players from Belgium or the Netherlands from opening loot boxes. 2K still asserted that loot boxes did not violate Belgium's gambling laws, and encouraged players to contact their local representatives regarding these removals. •
Blizzard Entertainment will block Belgian players of
Overwatch and
Heroes of the Storm from buying loot boxes, though they can still earn these through in-game rewards. •
ArenaNet disabled Belgian users from purchasing in-game currency with real-world funds from
Guild Wars 2. While the game does not have loot boxes, it does have "Ecto Gambling" that allows players to use in-game currency to obtain random selections of items, which would similarly run afoul of Belgium gambling laws as they found for loot boxes. •
Square Enix announced the 2018 recall from app stores of three of its mobile games that include loot-box mechanics:
Mobius Final Fantasy,
Kingdom Hearts Union X, and
Dissidia Final Fantasy Opera Omnia. •
Konami disabled the ability for those in Belgium from purchasing in-game currency in
Pro Evolution Soccer 2019, which could then be used to buy loot boxes. Players are still able to earn this currency in-game. • Simultaneously with its actions in the Netherlands in April 2019,
Rocket League developer Psyonix disabled the ability for Belgium players to open loot boxes. Electronic Arts' games
FIFA 18 and
FIFA 19 were also called out by the commission; however, EA did not make any modifications to these games; EA had previously stated in May 2018 that it did not believe the implementation of loot boxes in their games constituted gambling. As such, the commission has started actions with the Belgian courts to initiate legal action against EA by September 10, 2018, though whether such action is possible would be a decision of the public prosecutor's office. Ultimately on January 29, 2019, EA announced that it would stop selling
FIFA Ultimate Team packs with microtransactions to players in Belgium by February, bringing them into compliance with the commission. In July 2022, an academic study revealed that the Belgian ban on loot boxes has not been enforced by the Commission and that 82 of the 100 highest-grossing iPhone games were still selling loot boxes.
France Following the controversy on loot boxes and microtransactions on release of
Star Wars Battlefront II, French Senator
Jérôme Durain wrote to
ARJEL, a government-mandated authority that oversees online gambling, to ask them to investigate the situation with pay-to-win loot boxes. Durain's letter stated his concerns that "some observers point to a convergence of the video game world and practices specific to gambling" in his request. ARJEL's report, released in June 2018, does not immediately consider loot boxes as gambling, but does address the need to continue to investigate them further following a planned report to be published by the Gaming Regulators European Forum. ARJEL noted that items from loot boxes do not normally have monetary value, and even when they are traded through skin gambling, the publisher of such games do not participate in that arena, thus distancing loot boxes from other forms of gambling.
Germany In February 2018, Germany's
Commission for the Protection of Minors in the Media (KJM) announced research into loot boxes undertaken at the
University of Hamburg which concluded that they present features "typical of gambling markets". Commission head Wolfgang Kreißig said that it was "conceivable that loot boxes could violate the ban on advertising to children and adolescents". The commission concluded in March 2018 that loot boxes can possibly violate the prohibition of direct advertisement appeals to buy products directed towards minors; however, the games that they studied were rated for players of at least 16 years old, and thus were not targeted to be played by minors. The commission remained open on hearing complaints towards loot boxes on specific games, though have no legal authority to enact any fines or penalties should they be found to be against law. In October 2019, the
Federal Department for Media Harmful to Young Persons (BPjM) stated it was looking into blacklisting the game
Coin Master for distribution in Germany after
Jan Böhmermann had discussed issues with the game's monetisation mechanics. While
Coin Master does not use loot boxes, the game uses a gameplay mechanism that requires the player to play a virtual
slot machine to advance in the game, with the opportunity to use items purchased with real-world funds to influence or bypass the slot machine to achieve desirable results, a model adapted by many other games and one that can encourage or trivialise excessive gambling. If
Coin Master had been blacklisted, the BPjM may have opened the door for other games with similar monetisation routes to be reviewed. By March 2020, BPjM opted not to blacklist the game, but later announced in July 2020 that it may consider requiring games like
Coin Master and games with loot boxes to be rated at a higher ratings level under a new Youth Protection Act that is expected to be passed and in enforcement in early 2021. Germany's
Bundestag passed revisions to the Youth Protection Act in March 2021 that would update the ratings systems for games to mark those with loot boxes or similar mechanics as "cost traps".
Sweden Also in February 2018,
Ardalan Shekarabi, the Swedish
Minister for Public Administration, stated that he was "ready to ask [the] authorities to take a closer look at the phenomenon of loot boxes and see if there is a need to change legislation in order to strengthen consumer protection." He raised the prospect of loot boxes being classified as a lottery by 2019. Shekarabi instructed the Swedish Consumer Agency in May 2019 to review consumer protection around loot boxes, particularly in how well they protect minors.
Poland In February 2019, the
Polish Ministry of Finance issued a statement saying that loot boxes are not gambling in the light of the Polish law, although it noted that they may well constitute gambling in other jurisdictions. Polish law defines gambling very specifically, and the current definition is not applicable to loot boxes.
European Union A July 2020 report prepared on behalf of the
European Parliament Committee on the Internal Market and Consumer Protection (IMCP), "Loot boxes in online games and their effect on consumers, in particular young consumers", was one of the first reports to reframe loot boxes as a matter of
consumer protection rather than a gambling concern. A report by the Norwegian Consumer Council and backed by 18 other EU countries, released in May 2022, found that loot boxes in games like
FIFA and
Raid: Shadow Legends were "exploitative and predatory", and positioned the EU to include regulations related to loot boxes in upcoming directive discussions.
North America United States There are presently no laws in the United States targeting loot boxes, though the renewed interest in the issues with
skin gambling from mid-2016 highlighted several concerns with using virtual items for gambling purposes. In past case law, courts have ruled that gambling with virtual currency within a video game is not illegal as long as there are no ties to real money, steps
Blizzard Entertainment and
Riot Games have done with their titles. Further, most states define gambling laws based on receiving something of value from paying for a game of chance, and traditionally, in-game items are considered to have no value in previous case law. However, with more technically literate court judges that may consider "value" more than just a financial value, alongside new perception of how much value in-game items can have resulting from the skin gambling situation, could change how the framework in the United States would classify loot boxes. Hawaii state representatives
Chris Lee and Sean Quinlan issued a statement in November 2017 taking a stance against loot boxes. "These kinds of lootboxes and microtransactions are explicitly designed to prey upon and exploit human psychology in the same way casino games are so designed." They plan to introduce legislation in the State of Hawaii, specifically to block sale of
Star Wars Battlefront II, and that they have spoken to lawmakers from other states to enact similar laws, such that federal legislation could be possible if enough states take action. Lee later outlined how he would present a law, which would ban the sale of games to anyone under 21 if it contained a gambling element, defined if real-world funds are used to provide a "percentage chance" of receiving a specific in-game item rather than the item directly, applied both at retail and at digital distribution. By February 2018, two separate bills were introduced in Hawaii's state legislature: one bill would require retail games featuring loot-box mechanisms to have clear labeling stating "Warning: contains in-game purchases and gambling-like mechanisms which may be harmful or addictive", while a second bill would regulate sale of these games to only those 21 years of age or older, the minimum age for gambling within the state. However, by March 2018, the bills failed to meet necessary requirements to be considered in the legislation, and were dropped. In January 2018, three senators in
Washington state introduced Senate Bill 6266 (S-3638.1) in the state legislature, which would, if enacted, order the
Washington State Gambling Commission to investigate loot boxes and their potential effect on underage gambling. Minnesota introduced a bill in April 2018 that would prohibit sale of games with loot-box systems to children under 18 years of age, and require specific labelling on these games to alert consumers to the loot-box system. In early May 2019, Republican Senator
Josh Hawley of Missouri announced that he intends to introduce a bill named "The Protecting Children from Abusive Games Act" that would ban loot boxes and pay-to-win microtransactions in "games played by minors", using similar qualifications to determine this as previously defined in the
Children's Online Privacy Protection Act. The
Federal Trade Commission would be responsible for enforcing the bill by making judgements and leveling fines for games that fail to take these steps. The bill was formally introduced in the United States Senate in the 116th Congress on May 23, 2019, as Senate Bill 1629, with co-sponsors
Ed Markey (Massachusetts) and
Richard Blumenthal (Connecticut), both Democrats. The bill was referred to the
Senate Committee on Commerce, Science, and Transportation at that time, and no further action was taken on it, with the bill expiring at the end of the
116th United States Congress on January 3, 2021. In the wake of the May 2022 Norwegian Consumer Council's report on loot boxes, fifteen advocacy groups wrote an open letter to the Federal Trade Commission urging them to evaluate
FIFA and its Ultimate Team packs for its "manipulative design abuses", based on evidence from the Norwegian report.
Genshin Impact developer
MiHoYo settled with the FTC in January 2025 to end a lawsuit brought by the FTC over loot boxes. The FTC claimed that
Genshin Impact players under 16 years of age could purchase loot boxes, failed to disclose the odds of obtaining goods from loot boxes or their real-world costs, and used
dark pattern tactics to draw players to buy loot boxes. In addition to paying the FTC $20 million, MiHoYo says they will implement controls to prevent younger players from purchasing loot boxes without parental approval, and improve disclosure around loot boxes.
South America Brazil Brazil's government passed Lei 15.211/2025, which among other provisions to regulate digital content for minors, bans the sales of games including loot box mechanics to children under 18, with the enforcement to start in March 2026.
Multi-national In September 2018, members from the gambling commissions from fifteen European nations, including Austria, the Czech Republic, France, Ireland, Latvia, the Netherlands, Norway, Poland, Portugal, Spain, UK, as well as the state of Washington from the United States, announced a collaborative effort to "address the risks created by the blurring of lines between gaming and gambling". While the group's specific focus will be on skin gambling sites, they will be looking to "ensure that features within games, such as loot boxes, do not constitute gambling under national laws".
Self-regulation Video game industry bodies have generally stated that they cannot regulate loot boxes as gambling unless the law of their countries specify what counts as gambling within games. By July 2026, PEGI will require games with paid random items, including loot boxes, to be rated PEGI 16 or stricter, among other similar changes as to help parents make informed decisions for their children.
Japan Before the disbanding of the Japan Social Game Association (JSGA) in 2015, it issued 2 self-regulatory guidelines for in-game gacha: provide a minimum 1% payout rate and establish a payment ceiling. For example, if a player has poured certain amount of money in gacha, the player is given a chance to choose whatever reward they want from the gacha pool freely. The association recommended a 50,000-yen ceiling. The Japan Online Game Association (JOGA), which now serves as the Japanese video game industry's self-regulatory body in lieu of JSGA, also issued similar guidelines with further specifications such as "listing all available rewards from the lootbox and payout rates of all rewards" and "listing changes to all available rewards and payout rates upon software revision, specifically during festive campaign with a deadline". While the new guideline does not recommend any payment ceiling, it recommends to display the expected maximum bet in order to guarantee obtaining the item if it exceeds 50,000 yen.
United Kingdom UKIE, the video game industry trade organisation for the United Kingdom, asserted its stance that loot boxes do not constitute gambling and are "already covered by and fully compliant with existing relevant UK regulations". Additionally, the ESRB also sees themselves as responsible to help guide parents on video game content. As an example, they found that parents were more worried about children spending money in-game and not any gambling aspects, and thus did not include loot boxes as one of its content descriptions, though would like to add them in the future should legislation or other industry standards establish gambling as a critical issue. The
Entertainment Software Association, the parent organization of the ESRB, asserted loot boxes are not a form of gambling, stressing that they are a voluntary and optional aspect in these games. Major publishers Electronic Arts have also stated they do not see loot boxes as gambling due to their voluntary nature. Electronic Arts' CEO
Andrew Wilson stated in May 2018 that they will continue to include loot boxes in their games, and "While we forbid the transfer of items of in-the-game currency outside, we're also actively seeking to eliminate that where it's going on in an illegal environment, and we're working with regulators in various jurisdictions to achieve that". While other publishers have acquiesced to governmental concerns about loot boxes,
Electronic Arts has been generally steadfast in that they do not believe their implementation of loot boxes is a form of gambling. In statements made at hearings with the British Digital, Culture, Media, and Sport Committee, EA representatives compared loot boxes to "surprise mechanics" that one would find with
Kinder Surprise eggs, and believe that their implementation of loot boxes are "quite ethical and quite fun, quite enjoyable to people". In response to Hassan's letter, the ESRB announced in February 2018 that it would require any rated game that offers any type of in-game purchase with real-world funds, encompassing loot boxes, would be required to be labeled as such. ESRB stated the labeling was primarily meant to help parents watch for games for their children, and because of the brevity of space they have on retail packaging, did not opt to require publishers to identify the specific form of microtransaction. However, the board still asserted that they still do not believe loot boxes themselves are a form of gambling. While Sen. Hassan called the ESRB's decision a "step forward", she still remained concerned of "the ESRB's skepticism regarding the potentially addictive nature of loot boxes and microtransactions in video games", and stated "I will work with all relevant stakeholders to continue oversight on these issues and ensure that meaningful improvements are made to increase transparency and consumer protections." The ESRB introduced this new label "In-Game Purchases (Includes Random Items)" in April 2020 to be used for games that include loot box-style mechanics. During a November 2018 Congressional hearing over problems with
Cambridge Analytica's data leak and associated with
Facebook and
Google,
Joseph Simons, chairman of the
Federal Trade Commission (FTC), promised to Congress that the FTC will investigate loot boxes, considering the potential market value of microtransactions. After the government had shut down in early 2019, delaying the FTC review, Hassan pushed on the FTC to provide an update on their review of loot boxes. The FTC held a public hearing on loot boxes on August 7, 2019, addressing industry representative and reviewing public comments submitted prior to the meeting. During the meeting, ESA representatives stated that Microsoft, Nintendo, and Sony are working on developing requirements for new or updated games using loot boxes, published on their respective console systems, to disclose the odds for items from loot boxes. Other publishers within the ESA, including Activision Blizzard, Bandai Namco, Bethesda, Bungie, Electronic Arts, Take-Two Interactive, Ubisoft, Warner Bros., and Wizards of the Coast, also stated they are committed to doing the same for other gaming platforms such as on personal computers, as to align with the existing requirements for the iOS App Store and Google Play mobile platforms. These efforts are expected to be in place before the end of 2020, according to the ESA.
Nintendo issued a new policy the next day to reflect the statement made to the FTC, requiring loot box odds to be published for all new and updated games on its systems, and assuring such games with in-game purchases could be regulated by parents on their
Nintendo Switch Online app.
Epic Games affirmed they would also follow similar policies as adopted by the ESA and other publishers, already having taken steps to eliminate loot boxes from
Fortnite,
Rocket League and other games in its portfolio.
Worldwide Apple implemented changes to the
iOS App Store in December 2017, requiring developers that publish games to the Store that include monetised loot boxes or other similar mechanisms that provide random items in exchange for real-world funds, to publish the odds of items that can be received from these mechanisms prior to the player spending funds on the game. Google followed suit by May 2019, requiring apps in the
Play Store using loot box mechanics to publish their odds. In November 2018, the
International Game Developers Association (IGDA) urged the video game industry to take action on loot boxes before governments step in to regulate them. IGDA identified three areas for the industry to focus on: commit to not marketing loot-box mechanics to youth, disclose the odds of receiving items in loot boxes, and educate parents on in-game parental controls. In February 2019,
review aggregator OpenCritic began incorporating details about games that use loot boxes into its summary pages for games. In the academic literature, King and Delfabbro proposed twenty-four "social responsibility" measures that could be implemented by video game companies to prevent or reduce overspending on loot boxes. However, the willingness of the industry to adopt these measures has been questioned because of the industry's economic interests. In 2024–2025, several countries updated their regulatory approaches to loot boxes. Belgium continued enforcing its classification of paid loot boxes as gambling, effectively prohibiting their use in commercial games. The Netherlands adopted a more flexible framework, allowing certain implementations while restricting those that resemble games of chance. China strengthened its consumer‑protection rules by requiring developers to publicly disclose the probability of obtaining specific items and by limiting the frequency of randomized purchases. Japan also maintains restrictions on “Kompu Gacha,” a monetization mechanic closely related to loot boxes, due to concerns about consumer harm. A series of 2023–2025 reports from the UK Parliament examined whether loot boxes should fall under gambling legislation. The reports summarized industry self‑regulation efforts, government recommendations, and calls for updated consumer‑protection laws. While the UK has not formally classified loot boxes as gambling, the reports emphasized the need for stronger safeguards for children and greater transparency in game monetization. == Litigation ==