I certainly agree that such a reseller should clearly state the modification, and not pretend its an authentic RPi 8GB unit.
But if this is the real concern, they could just display the fact that "Unoriginal RAM detected" to inform the user its not a vanilla RPi Foundation product, so buyers understand the situation, but continue booting normally.
In practice, this would still leave the RPi Foundation with the warranty and support burden generated by the "reseller's" activity.