well said.
The FCC has no formal rules on "subliminal" advertising.
The FCC has no formal rules on the use of "subliminal perception" techniques. In fact, the Commission appears to have addressed the issue only twice. In 1974, the agency issued a policy statement that the use of "subliminal perception" is "contrary to the public interest." But policy statements are not enforceable rules. Nor would it be appropriate for the Commission to fine a person for failure to comply with a policy statement.
Since 1974, there has been only one instance in which the Commission has received and acted on a "subliminal" message complaint. In that matter, KMEZ(FM) a radio station in Dallas, Texas, was merely "admonished for its repeated transmission of subliminal messages on November 19, 1987" during an anti-smoking program on behalf of the American Cancer Society.
https://transition.fcc.gov/Speeches/Furchtgott_Roth/2000/sphfr011.html