THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXXIX Chukas MERCHANDISE MISREPRESENTATION Providing false or misleading information and its consequences By: Rav Yosef Greenwald, Dayan at the Bais HaVaad of Yerushalayim

The Mishnah says1: “Ein mefarchersin, lo es haadam ve'lo es habeheimah ve’lo es hakeilim” – one may not embellish or dress up a person, animal, or vessels in order to attract a customer and sell these items for a better price. This is included in the prohibition of G’neivas Daas – deception – as brought in the Shulchan Aruch.2 The Gemara explains that this prohibition only applies to something that is old, but not to something new. One is allowed to paint a new item to make it more attractive and more eye-catching in order to raise the price. But one is not permitted to paint an old piece of merchandise in order to fool customers into thinking it is new. If a buyer wants to pay a higher price for something that looks nicer, let him pay it. But if something is misrepresented by the storekeeper, there is an issur of G’neivas Daas.