Yes, only if you can prove it and believe me, they have so many loop holes now that they can pretty much do what they want. The fact is though, the RMS ratings on speakers can vary, but usually mean either Max watts or Normal (constant) listening range, depending on manufacturer. The other thing to mention is, to get the best sound out of your speakers, they say to put exactly half the watts of power to the RMS watts that your speakers are made for, just for future reference. Hope this helps some and good luck!