>The issue is that you can not make a law/regulation that says statement X about products Y is not allowed because its wrong/misleading. A court has to decide if it is wrong/misleading AFTER the fact and someone sued.
Yes you can, and they have. You might like regulations to work that way, but they don't. The government has appointed agencies to determine what is wrong or misleading, and the authority of those agencies has been backed up by the courts.
Individuals and companies that disagree with specific ruling by agencies do have the right to go to court of course, and have done so.