One must be VERY careful of the wordings used by the FDA. For Cosmetics, the FDA requires that one only prove that something is unlikely to kill you. Cosmetics need only have some value to making you feel better. They do NOT need to prove efficacy.
Medical devices and pharmaceuticals, on the other hand, are made to do very expensive testing and submit proofs of any claims. The solution to this for scammers is to call their devices and potions Cosmetics, Cosmeceuticals, Pharmecits, and other nonsense terms.
It reminds me of the items hawked to kids in the back of comic books. Like the X-ray glasses. They were sold as “Novelty Items”, and as such did not have to work, but a little kid doesn’t understand that the so called point of the X-ray glasses it to get a reaction from your friends when they see your glasses say that they are X-ray glasses in print on them, and they have to wonder what you are really seeing. Children buy these items believing they will actually see their bones, and look through ladies clothing, just like the ad portrays.