It's not illegal, but it's certainly dishonest.
There's a guide to the directive based on UK law at http://www.out-law.com/page-9050:
>'A practice is unfair if it fails to meet the standard of "professional diligence" (the standard of skill and care that would reasonably be expected of a trader in its field of activity) and it materially impairs an average consumer's ability to make an informed decision, causing him to make a decision he would not otherwise have made.' (Out-Law.com, ibid) //
edit: There's at least one case currently in the courts on a similar theory, http://tushnet.blogspot.com/2015/02/allegations-of-fake-inde...