Why did they say this? This happened in the 2003 court case Toy Biz v. United States. Due to a previous court case involving Hasbro, the US law says there are two types of action figures: dolls (which are defined as toys that look like humans) and toys (which includes "nonhuman creatures"). The reason this important is because that toys have less expensive tariff than dolls. In the before-mentioned 2003 case, Toy Biz (and by extent Marvel Comics) argued that their Fantastic Four and X-Men action figures were toys thus arguing the X-Men aren't humans. In case you were wondering, the judge (Judith Barzilay) declared them toys thus making the X-Men legally not human.