Is a Magic 8 Ball just a toy or is it a divination tool?

Unless it is used with a deliberate intention to divine the future, a Magic 8 Ball is a toy similar to a child’s folded-paper fortune-teller. It does not appear that the Magic 8 Ball should be put in the same league as the Ouija board, which is a well-known divination tool that has been misleadingly marketed to children as a board game.