If you mandated disclosure and then saw those contracts continuing to exist, the conclusion you should draw was that the disclosure was ineffective, not that the terms were efficient.

Interestingly, this seems to be the logic of the FTC of late; its new guidelines for the use of testimonials take the position that if somebody is convinced by an atypical testimonial that they will get the same results, it doesn't matter that the advertiser never claimed they would or even explicitly said the results were atypical.

(I have mixed feelings about this, since on the one hand I think deception is bad. On the other hand, they seem to be making advertisers responsible for how illogical or self-deluding their customers might be.)