The original line was 4.5”, not 3.75”. Compare any original Super Powers figure to a figure from a 3.75” line and the Super Powers figure will be significantly larger. And while the McFarlane figures may be listed by Walmart as 5”, this just seems to be shorthand marketing. The Fresh Monkey Fiction Longbox Heroes line, also intended to be compatible with Super Powers, is listed by BBTS as 5” while FMF themselves call it “A retro styled 4.5” Comic Book Action Figures line.” The reality of why the McFarlane figures are not in scale is much simpler then licensing constraints. McFarlane does not know how to do scale. Within their own Multiverse line scale is all over the place, so it is no surprise that they have the same issues here.