This is new, Sealed in original packaging.  There is some damage to the packaging where the sales sticker was removed, as it peeled off a bit of the facing (see last picture).

"This action-packed toy set features Hasbro's Marvel Ultimate Spider-Man and Venom FACE-OFF 2012 Series 1 Fighter Pods. The set includes a 1:43 scale plastic action figure collection that is perfect for kids aged 4+. The Marvel franchise-themed toy is inspired by the Spider-Man TV show and features characters like Spider-Man and Venom."