A spokesperson for the Entertainment Software Rating Board (ESRB) has confirmed that in their view, loot boxes are not considered gambling.
In a statement given to Kotaku, the spokesperson stated that the “ESRB does not consider loot boxes to be gambling”. The spokesperson went on to state the reasoning. “While there’s an element of chance in these mechanics, the player is always guaranteed to receive in-game content (even if the player unfortunately receives something they don’t want). We think of it as a similar principle to collectible card games: Sometimes you’ll open a pack and get a brand new holographic card you’ve had your eye on for a while. But other times you’ll end up with a pack of cards you already have.”