These are brand new. They are tagged a size 40x34 but fit completely different. They measure a 24x36. They have the tags, but I listed them new with defect because of that. There is also a slight fade line on the front thigh. It isn't super noticeable in person, but beware. These are a limited edition pair. Check out all pics for close ups, extra info, and measurements for an accurate fit. Thanks!