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It's Offical The X-Men and Fantastic 4 are not Human
This is a bit of old news but I found this on Wikipedia: http://en.wikipedia.org/wiki/Toy_Biz_v._United_States. In short America declared that the X-Men and Fantastic 4 are not human because Toy Biz wanted to change the status of some of their Toys becuase in America there are different tariffs (toys are less) for Toys(not portraying humans) and Dolls(portraying humans).