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Originally Posted by botn
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Wow, that's pretty clear cut. I had no idea such sports card-specific statutes existed anywhere.
I had originally viewed this almost entirely from the point of view of Topps, who had no copyright on the product or interest in the OP's sales. I now think that the civil liability in terms of fraud/misrepresentation is clear, and the NJ statute quoted above points to criminal liability as well. However, and as has been pointed out, the civil damages are pretty small (unless someone has a massive collectin of these, which has been devalued considerably at this point), and there ain't a DA anywhere that wants to touch this particular prosecution.
I may discuss it with my older brother when he comes to town tomorrow, as he is a former Colorado DA himself, and see what he thinks about it. He will likely yawn and say "Who the hell cares," which is why I'm glad to have an online community like this to go back and forth with.