Misrepresentation in inducing a purchase is actionable. I would not have purchased any of my MoFi Step 1 albums--for which I paid a premium-- had I known there was a digital step. It matters not that some of them sound very good. It's a matter of misrepresentation of provenance.
Now let's say you buy your wife a $100 replica of a $2,500 Louis Vuitton bag for Christmas and tell her it's real. She and her friends think it's real. Then one day she walks into a Louis Vuitton store and finds out that the only way the experts can tell the difference between the real and this particular fake is that there are 8 stitches inside of an interior pocket of the fake and 10 in the real version. She empties the bag and counts 8 stitches in hers. Your defense--wifey couldn't tell the difference and none of wifey's friends will ever be able to tell the difference.
What are the odds that wifey says--"I'm good with that --I forgive you."