You mean, because they were merely negligently misleading instead of intentionally misleading? Yes, it's seems to not be under the current definition of fraud. I thought we were discussing a counterfactual that the OP suggested where negligent endorsements were actionable under a law similar to fraud.
Fraud was used by me as an example of the 1st amendment being okay with certain commercial speech being actionable.
Fraud was used by me as an example of the 1st amendment being okay with certain commercial speech being actionable.