Consumer Protection

My wife and I met when we were both working at the Federal Trade Commission, in our nation's capital.  I worked for Regulatory Analysis (or "Reg-A" as we called it).  She worked for Consumer Protection.

Fraudulent advertising is against the law*, and misrepresentation of a product is a tort.

So....did this guy have a cause of action?

*The "Wood Products Labeling Act" may be of particular relevance here.