FireTight

Including something of "value" with a purchase doesn't automatically make something gambling.

Under the Kinder/Happy Meal is gambling logic, buying a bag of M&Ms could also be gambling because I "value" the blue ones the most and will receive a psudorandom number of blue M&Ms in the bag.

There is also a big difference in intent. Spend $5 on a Happy Meal and you are spending $4.90 for a meal and $0.10 for a piece of junk toy. And half the time you can ask for a specific toy anyway. On the other hand, spend $5 on loot boxes (or scratch tickets, lottery tickets) and there is no expectation of any other "value" than the potential value of your winnings.