Well yes, and people still successfully sell photos of game consoles when they launch because they put “NOT A PS5. ONLY A PHOTO” in the description.
But we all know it’s buyer beware. My point is more about the people who outright commit fraud (say for example by selling an NFT as a certificate of ownership for something they don’t have the rights to)
People assume that the NFT is the rights to the actual work. But its just a hash. So selling something as an NFT of "x" is perfectly legal.