Are the X-Men human?  The law decides in Toy Biz, Inc v. United StatesAccording to United State trad

Are the X-Men human?  The law decides in Toy Biz, Inc v. United StatesAccording to United State trade regulations, dolls are defined as “human figures with any accessory thereof”.  Anything non-human is classified as a toy.  So technically in the eyes of the government, an action figure is not a toy, but a doll, and few boys would want to admit they played with dolls.  However this distinction is even more important as the government charges higher trade tariffs on the importation of dolls than toys.  The company Toy Biz Inc. was certainly concerned about this subtle distinction.  One of the largest importers of Marvel action figures in the nation, the company was paying a lot of money to import their merchandise because they were classified as dolls by US trade law.  In 2002 Toy Biz, Inc filed suit against that US Government claiming that they were being unfairly taxed because their merchandise were toys, not dolls.  The case went to US International Trade Court where Toy Biz, Inc argued that their Marvel action figures, particularly their X-Men line, did not represent human figures but instead were “non-human creatures” due to their superpowers and other features.  Throughout the proceedings, Judge Judith Barzilay examined over 60 actions figures as well as the features and fictional lore of associated with them.  On January 3rd, 2003 she issued her ruling stating that the Marvel figures were not human as their associated characteristics “prevent them from being representations of normal humans”.While the ruling of the courts had more to do with commercial concerns than Marvel lore, the decision attracted the attention to many fans, especially those of the X-Men comic series, where the focus is centered on a group of superhumans who struggle to prove their humanity.  Regardless, the law has decided, the X-Men are not human. -- source link

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