Fake fingerling... give or bin?

[MyOtherNameIsBetter]

I ordered 2 from eBay in Nov, one each for my 5 and 10yo. Comparing them, one is definitely fake (I opened an eBay case to return but the seller has closed it and there doesn't seem to be much else I can do due to the time that has lapsed). I am not sure whether to just give the real one to my 5yo and get my 10yo something else. Neither kid are wanting/expecting them, they are just stocking fillers. Are the fake ones rubbish?

Is it CE marked? My concern would be how safe it is. Personally I would bin

I heard some pretty bad stuff about children being able to get to and swallow the tiny batteries in the fake ones. It can be fatal.

I was sent a fake one of eBay, believing it would be a real one. So annoying. I have wrapped it for my nearly 10 year old and I'll see what he thinks. He's old enough to not put it in his mouth, and it isn't a main present, so don't think he'll be too bothered.