I just bought Mass Effect 3 online from a reputable retailer. It was purchased as 'New' but when it arrived it wasn't shrink-wrapped and the case itself looked less than pristine. The condition is actually what I'd expect from a pre-owned game although there is a seal sticker holding the game shut.
I've emailed their customer services to query this but thought I'd put this out there in case this isn't exceptional. Shouldn't all new games be shrink-wrapped if they are genuinely new?