Thats wrong. Its brandnew , as you can see on the pictures. The story the seller tells in his description is total rubbish. I think he also advertises it on purpose as used because when he advertises it as new he has a big chance of being thrown off by ebay, because the companies that delete fake itemoffers will not put their energie so much in used items, but they do on new ones. They must protect the sellers that offer the new real ones from fake ones. Thats why I also think that thats why many sellers do not put pictures of the labels in their advertisements...
ps. yeah unfortunately the jeans in the usa are much cheaper wholesale than here in europe (70$ is 49 euro) . Was for 3 years in new york and bought there a new levi's 501. For a half year i sold it worn for 2,5 years on ebay for the same amount in euro....