Rabbi Yosef Greenwald, Dayan, Bais HaVaad L’Inyonei Mishpat
We have learned in the Gemora in Bava Metzia Daf 60A and codified in Shulchan Aruch Siman 228 that it is prohibited to misrepresent the age, quality and previous use of a slave, animal or vessel so as to attract a prospective buyer. This is known as the prohibition of geneivas daas.
The Gemora there on Daf 60B tells us that Rav Papa Bar Shmuel allowed a store owner to paint and beautify a vessel. The Gemora asks that this seems to contradict the Gemora on the previous Amud concerning misrepresentation? The Gemora resolves this apparent contradiction by distinguishing between an old or a new vessel. If it is old, painting it is considered misrepresentation for it now gives the appearance of being a new vessel. However, if it in fact is a new vessel and the painting makes it more beautiful and thus more attractive there is nothing wrong with making it more pleasing in the eyes of the consumer. There is no geneivas daas. He is willing to pay more money for a vessel which looks more attractive.
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