I don't care if you think that's a shitcoin. I'll be making money out of it nevertheless.
Here is a quote from CFTC Lab Primer (https://www.debevoise.com/~/media/files/insights/publications/2017/11/20171121%20LabCFTC_Primer_The_CFTCs_Views.pdf)
"Ethereum tokens (ETH) started out, and are actively used, as utility tokens used to power smart contracts on the Ethereum protocol, but they are actively traded and purchased and held in many instances by those who have no plan or intention of using them to put any smart contracts on the Ethereum protocol. In other words, ETHs are utility tokens as well as virtual currencies, and the CFTC certainly treats them as commodities. The same can be said about Ripple tokens (XRP)."
Now that Ethereum recently was declared NOT a security I think it's pretty clear that XRP is not a security :)