Lee,
It is important to note the main point....look at it one more time:
"Whether the agency knew or should have known....and FALSE or DECEPTIVE CLAIMS"In determining whether an ad agency should be held liable, the FTC looks at the extent of the agency's participation in the preparation of the challenged ad, and whether the agency knew or should have known that the ad included false or deceptive claims.
They will, and have many times in the past, sought damages against companies that promoted things that were clearly false, or that a reasonabale person should have known was false. A perfect example is weight loss products, pyramid schemes, etc.
- Michael





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