I think it's junk science.
They should still be allowed to air the AD though. All ads are lies of half-truths. Nonetheless, the airwaves are public and are supposed to be licensed to companies who will operated them in a fair and equitable manner.
It's not exactly like the New York Times being able to accept and reject ads, because unlike the paper which they buy themselves ... the airwaves are ours.
At least in theory.
I think its BS.