Impossible or not, the board is not new. If I purchase something that is labeled new and it ends up being a used item that is "like" new I will still be pissed. This is called false advertising.
I agree that the title is misleading, but it's definitely not false advertising as he clearly stated in his post that the board had been ridden.
"People say that marijuana smoking is going to get in the way of my career. I say to them that on the contrary, my fighting career is getting in the way of my marijuana smoking." -Nick Diaz