It's unlawful to claim that a new tire is being sold if it is used. 

State law says that no person, firm corporation or partnership shall sell, offer for sale, advertise, or represent as a new tire, any tire which has been altered or reprocessed by adding a white or colored stripe to the outer sidewall of such tire, unless such tire bears a permanent label, which shall be not less than 3/8 inch in height and conspicuously displayed on the side of the tire altered or reprocessed with the works “WHITEWALL ADDED” if the added stripe is white or “COLORWALL ADDED” if the stripe is colored.

The labeling requirement of this section shall not be construed as authority or permission to impair or affect the structural integrity or safety of such tire.