Isn't this gambling?
It's like selling drugs that are not yet categorized as drugs.
You buy them completely sight unseen, like CCG cards or Kinder eggs. They literally come in eggs you open and collect.
The digital equivalent ("loot-boxes") has been brought to court in Belgium and restricted/regulated in the EU since. Regulated collecting by purchase shows the probabilities, and allows obtaining a rare item or set for a fixed, predetermined price.
> the potential for overclocking of a product is not typically tested during the binning process