What Role Does the Token’s “Consumptive Use” Play in Avoiding Howey Classification?

"Consumptive use" refers to the token's utility in accessing a product, service, or feature within a network, rather than holding it purely for speculative profit. When a token has significant and immediate consumptive use, it weakens the "expectation of profits" prong of the Howey Test.

Purchasers are seen as buying the token for its functional value, not solely for financial return derived from the efforts of others. This is a key argument used to classify a token as a non-security utility token.

What Is the “Genesis to Functional” Theory in Crypto Regulation?
How Do “Utility Tokens” Aim to Avoid Being Classified as Securities?
Does the Immediate Usability of a Token Negate the Profit Expectation?
How Does the “Expectation of Profit” Prong Apply to Pre-Functional Tokens?
What Are the Risks of Marketing a Consumptive Use Token as an “Investment Opportunity”?
How Does the Pricing Mechanism of a Token Relate to Its Consumptive Use Argument?
Can a Token Have Both Consumptive Use and Still Be Deemed a Security?
How Does the SAFT Model Attempt to Satisfy the “Functional Network” Test?

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