%99.999 of people aren't going to look up the legitimacy of this. Why spend development effort where the likelihood of getting caught is so low. And even when "getting caught" isn't that big a deal.
Because the FTC only needs to look at it once for them to give you a big fine or put you out of business. They take time but they do get around to these things. I was watching an old taped documentary on YouTube, and when I looked up the products in the commercials a good number of them were taken down by the FTC.