Valve is still being sued by New York Attorney General Letitia James. The lawsuit, filed in February 2026, accuses Valve of "promoting illegal gambling and threatening to addict children through its use of 'loot boxes'." James and the state of New York is seeking "full restitution" for players, claiming that "loot boxes pose the same dangers as casino gambling, especially for children."
Valve already issued one response to this lawsuit, saying that they were "disappointed" with the view held by James and the state of New York.
Valve has now issued another statement about this lawsuit. This week, the Steam developer is pushing to have the lawsuit dismissed. Valve hit us all with the ol' hey man, "people enjoy surprises!"
Here is the latest as relayed from Courthouse News Service:
But in its bid to dismiss the case, Valve rejected the casino parallel, instead likening the practice more to mystery collectible packs.
“People enjoy surprises,” the company says. “Part of the appeal of many popular collectibles, from baseball cards to cereal boxes, is the possibility of opening a sealed package and being surprised with a rare item. … No legislature or court has ever deemed that act illegal gambling.”
Like baseball cards, Valve argues Counter-Strike skins “are designed for entertainment and have subjective and aesthetic value to users.” They also both have vast secondary markets for collectors, with resale prices based on desirability.
Banning Counter-Strike cases would “inject uncertainty into hundreds of daily commercial transactions,” the company warns.
“Can parents purchase packs of baseball cards for their children? Can families go to Chuck E. Cheese to play games of chance and exchange winning tickets for prizes? Can a child reach into a cereal box and grab a surprise toy? All these actions and more could lead to chargeable crimes under NYAG’s interpretation of gambling,” Valve argues.
That outcome would be “nonsensical,” the developer claims. It’s asking a New York judge to dismiss the lawsuit with prejudice, arguing that their virtual cases simply don’t amount to gambling under state law. Players receive exactly what they pay for, one weapon skin per mystery box, according to Valve.
“There is no ‘stake’ or ‘risk,’” it argues.
“People enjoy surprises,” the company says. “Part of the appeal of many popular collectibles, from baseball cards to cereal boxes, is the possibility of opening a sealed package and being surprised with a rare item. … No legislature or court has ever deemed that act illegal gambling.”
Like baseball cards, Valve argues Counter-Strike skins “are designed for entertainment and have subjective and aesthetic value to users.” They also both have vast secondary markets for collectors, with resale prices based on desirability.
Banning Counter-Strike cases would “inject uncertainty into hundreds of daily commercial transactions,” the company warns.
“Can parents purchase packs of baseball cards for their children? Can families go to Chuck E. Cheese to play games of chance and exchange winning tickets for prizes? Can a child reach into a cereal box and grab a surprise toy? All these actions and more could lead to chargeable crimes under NYAG’s interpretation of gambling,” Valve argues.
That outcome would be “nonsensical,” the developer claims. It’s asking a New York judge to dismiss the lawsuit with prejudice, arguing that their virtual cases simply don’t amount to gambling under state law. Players receive exactly what they pay for, one weapon skin per mystery box, according to Valve.
“There is no ‘stake’ or ‘risk,’” it argues.
Hopkins compared loot boxes to other products: Kinder Eggs, a chocolate treat with a toy in its center, and Hatchimals, a blind box-style toy hidden inside an egg. “People like surprises,” she said. But the comparison to Kinder Eggs was quite ironic, given that the chocolate eggs were banned in the U.S. until recently, over concerns the prizes were a choking hazard.
“We do think the way we’ve implemented these kinds of mechanics is quite ethical and quite fun,” she said. “They aren’t gambling and we disagree that there’s evidence that shows they lead to gambling.”
“We do think the way we’ve implemented these kinds of mechanics is quite ethical and quite fun,” she said. “They aren’t gambling and we disagree that there’s evidence that shows they lead to gambling.”
