Thanks for the response 
This was the Takara release, it was advertised as a re-issue on their site.
I only opened the box (cause it had been double taped, meaning it had already been opened, so what's the differnece really), but not the plastic enclosure that sounbdwave was in, that's when I noticed that it had also been double taped as well which to me means someone had already opened it up and taken the figure out (that's second hand to me).
I was intending to write to TLTC about it but thought I would check here first to see whether this was a normal thing or not. The figure looks OK (again I haven't opened the plastic enclosure so I haven't handled it to know if there are any issues) but its the principle, I payed good money for a brand new product, not a second hand product which has already been opened ( I understand a box being opened but not the plastic enclosure as well), and the fact that I prefer to keep my MP's MISB I'm pretty peeved about it.
So yeah before I give TLTC an ear full, I wanted to make sure first whether the double taping of the plastic enclosure was a normal thing or not.
My wife asked me why I carry a gun?, I said "Decepticons"... She laughed, I laughed, the toaster laughed, I shot the toaster. It was a good day.