MJH asked the rhetorical question, "If you bought a 'new' car and it turned out to be a re-badged 1956 version there'd be hell to pay! Why do we put up with this misrepresentation?" MortarMagnet provided an excellent answer: we put up with it because we don't have any choice. The manufacturers have learned to use obfuscatory language that manages to mislead the customer while skirting any legal definition of fraud.
I have to agree with MJH: Such tactics obviously aren't illegal, but they certainly are deceptive and, by my personal definition at least, unethical.
An interesting example hit the hobby shops a couple of weeks ago. Revell released a kit labeled "Caribbean Pirate Ship." No prizes for figuring out why: the company obviously was trying to capitalize on the success of the movie "Pirates of the Caribbean." Consumers - many of them having little or no background in model building - presumably are buying that kit on the assumption that it represents one of the ships in the movie. If they look carefully at the box, they'll discover that the phrase "Pirates of the Caribbean" appears nowhere on it, nor do any stills or other images related to the movie. Revell obviously didn't pay a licensing fee to Disney. (Neither Disney nor anybody else could copyright the word "ship," "pirate," or "Caribbean," so Revell was safe there. And the promotional literature, of which there's been quite a bit in both the U.S. and Europe, meticulously avoids mentioning the movie title.) The kit is, in fact, a reissue of one originally released in 1960. It doesn't represent any of the ships in the current movie - or any real ship that ever floated - though it does have a Disney connection. It's a more-or-less accurate scale model of an amusement park prop from the original, California Disneyland. That...object..., in turn, was based on the images of Captain Hook's ship in the Disney animated movie "Peter Pan," from 1953. Illegal? Obviously not; the Revell lawyers undoubtedly made sure of that. Deceptive? You'd better believe it.
Once in a great while, a manufacturer goes over the line. I remember a case back in the late seventies (or maybe it was the early eighties) when a major American manufacturer (I'd better be careful here) was decorating its aircraft kit boxes with photographs of models that quite obviously had been built from Japanese kits. (The first clue: the models in the photos had countersunk detail, whereas those inside the boxes had grossly out-of-scale raised panel lines.) One of the British hobby magazines called the company's bluff. Initially, the company's representative, in a reply to a letter to the editor published by the magazine, tried to claim that the photos showed "prototype models, which sometimes differ in some details from the production versions." That was an outright lie; the models in the pictures obviously had been built from Tamiya and Hasegawa kits. I'm not sure exactly how the matter was resolved; it was rumored that at least one of the Japanese companies had filed a lawsuit. At any rate, the pictures quietly disappeared from the American boxes.
It's occurred to me to wonder how much of this behavior is due to deliberate deception and how much is due to ignorance. The human beings who run model companies are notoriously reluctant to talk to modelers. It would be interesting to find out what sort of people actually make these decisions. Do the members of the current generation of executives at Revell know what an awful kit that old Missouri is? Has any of those people actually built a ship model? Or looked at a Tamiya or Skywave kit, to see what the current state of the art is? Did the people who put those photos of Japanese kits on the American boxes understand how much better the Japanese kits were - or did they really think the difference wasn't important? I don't know. What is obvious is that too many companies think fair, honest treatment of the consumer does not deserve a high priority.