If your suggesting the Gotcha over the Go Plus?
I know plenty in my local Discord that have been using the Gotcha for quite awhile now and no ones reported any sort of ban and there are no mentions about others being banned in other states either.
All those that were Go Plus users and have recently changed over to the Gotcha say the Gotcha wins hands down is is a far superior device.
At the end of the day its possible to be banned as it’s against the game makers condition of use for the game but highly unlikely.
If Niantic did decide to crack down and find a way to detect the fakes/copies from the Go Plus it would only be a soft temporary ban at best so not to totally lose a large group of players permanently.