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Personally, I'm happy to accept minifigs straight out of the bag and into a gripseal bag as 'new'.
I pondered what to put as I've sourced the figures from various places including directly out of their original boxes, Bricklink and "new" from eBay itself so I hope the disclaimer in the description is fair.
As CCC says, the figs in the pictures are all stunt doubles taken from my collection, but I think the guidelines are a little ambiguous when it comes to things like this that have been created specially for sale.
I guess I'm working to the logic that if I'd sculpted something from clay I would still list the sculpture as new, even though the clay had been "used" to make it...and their was no original packaging.
Thanks for your input