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Re:Lumosity fined $2M for deceptive ads of “Brain Training” app by gohrt on Tuesday January 05, 2016 @04:29PM (#10846202)
> Giving them a pass because it's "assumed"

...is the law of the land in USA

It's called "puffery"

https://en.wikipedia.org/wiki/Puffery

> In law, puffery is a promotional statement or claim that expresses subjective rather than objective views, which no "reasonable person" would take literally.

US Supreme Court has ruled that lying in ads is protected speech, up to some non-specified boundary:

https://www.techdirt.com/articles/20100211/0133368126.shtml

Re:Lumosity fined $2M for deceptive ads of “Brain Training” app by nkrisc on Tuesday January 05, 2016 @09:18PM (#10847968)
I don't see exactly what that has to do with passing off solicited and compensated customer testimonials as unsolicited and uncompensated (as far as I'm aware).

And as the FTC's actions have indicated, making unproven claims of direct medical benefit is not simple puffery.