Even if that were the case, FDA would have nothing to do with this particular product. Supplement-wise, as long as what's on that label is in the bottle and it was indeed manufactured to FDA 21 CFR Part 111 cGMP Regulations, they'd be fine.
The bigger concerns here would be with the FTC regarding the inaccurate celebrity endorsements and other wild claims...
Honestly, if you follow all manufacturing, labeling, and communication laws, ripoffs can be 100% completely legal. This is why consumers need to educate themselves on reading the *label* and spotting a bad deal.
Mark Glazier and I have a video somewhere buried at the NutraBio headquarters about what we'd both like to see changed. I need to get him to send me that so I can publish it. I remember it being a great conversation!