Specific Listing for MeLuna on eBay

This listing is due to end soon.  I came across this and sent a message 4 hours ago about the listing with no response thus far, so if you are bidding on: this eBay Item

Please be aware that I am fairly confident that this is a 2nd.  It does not state this anywhere in the posting, and though MeLuna would never send out something unusable, the packaging in the picture is only used for 2nd cups (Cups somehow slightly imperfect and not for sale from MeLuna but fully usable and a free sample)

The message I sent to the seller is as follows:
"Dear mchpanda,

The packaging for this item, even if new and unused/unopened, is for a 2nd or free sample. MeLuna would not sell this item, which is why you got it for free.
You do not post this in your description and should edit the listing as such as well as send a message to your bidder, as well as why it is a second
"

No changes have been made to the listing so I just wanted to post somewhere that full disclosure was not given if I am right.  I take these actions as I've received MeLunas from several different sources, and from experience feel that all information should be stated. Thank you.

EDIT TO UPDATE: The auction has now ended.  I did submit a policy violation report to eBay and got their generic response.  No response still from the seller.  I'm sending Frank at MeLuna a message as well.