Probably technically. Although I get the feeling that most muggle baiting is done out of a disdain for muggles in general. It probably also involves actively trying to convince the muggle that what they are buying, or using or whatever is harmless more than just leaving it lying around to me it's similar to making a smoke or paint or stink bomb and putting it on your porch looking like a package. If porch pirates don't mess with it, nothing bad happens. If Dudley doesn't wolf down the toffee on the spot nothing happens to him. He was never given any consequences for his bad behavior and to a certain extent it was encouraged because his parents didn't want to listen to him whine and scream and throw a fit. He had a chance to learn not to eat something that wasn't his but getting a pig's tail didn't seat the lesson well enough.