Yes, it is a new item. I only opened the packaging to take the photos. He is back in the plastic bag (it is taped shut to keep him clean), Of course he works. I ordered one too many of him and the Santa that I have listed last Christmas. He takes 3 AAA batteries that are not included. The top half of his body sticks out of the real stocking. From the heal of the stocking to top of his head is about 20 inches. I measured it while still in the bag. Thanks for looking and good luck should you decide to bid.