They're proposing an opt-in labeling program that essentially amounts for to the FCC underwriting certain attestations that vendors are choosing to make about t

They're proposing an opt-in labeling program that essentially amounts for to the FCC underwriting certain attestations that vendors are choosing to make about their products. This means that someone applying the label without meeting the standards the label indicates would be guilty of exactly the sort of fraudulent advertising you're describing, and contract and tort law are the relevant mechanisms of enforcement for this. I'm not sure what you mean by enforcement efforts being "whack-a-mole at best", but if you're expecting some sort of preemptive regulatory barrier to be enforced by a bureaucratic agency in advance, that's just not the way this sort of thing works or is intended to work, and the FCC certainly wouldn't have the legal authority to implement such a regime. Legal actions for fraud, false advertising, trademark infringement (in the case of trademarked standards certification badges, e.g. UL) are frequently used mechanisms for this sort of thing, and seem to work well enough to ensure that vendors are deterred from fraudulently applying certification labels to their products.