Fraud is a crime. Companies have been sued for fraudulently making claims for its products. For example, the maker of the popular super-sweet chocolate-hazelnut spread Nutella was sued for making health claims for its product:

“NPR reported last year that California mom Athena Hohenberg proposed a class-action suit against Ferrero stating that she had fed her 4-year-old daughter Nutella after seeing advertisements that suggested the spread was part of a healthy breakfast. Hohenberg was reportedly shocked to find out it contained 21 grams of sugar, 200 calories, and 11 grams of fat (3.5 of which are saturated) per serving.”

Ferrero was ordered to pay more than $3 million as part of the settlement. Here’s a Nutella commercial. It uses the word “nutritious.”

If this bit of innocuous nonsense was determined to be fraudulent, then what should we think of how ObamaCare was sold to more than 300 million people? At least a jar of Nutella has a label listing the ingredients.

You may recall that the shoe company Sketchers was fined $40 million for making false health statements about for their “Shape-Ups” brand telling customers that walking in the shoes would tone their legs and help them lose weight even though there was no scientific evidence to back up the claim.

If Ferrero and Sketchers were fined for making unsupported health claims for its products, then how is it possible that selling ObamaCare based on fraud should not be reheard by the Supreme Court?

All the opponents of ObamaCare have to do is show the video of President Obama repeatedly assuring the American people that they could keep their insurance policies and doctors. Here’s just one example of the President making the fraudulent claim:

“If you like your health-care plan, you will be able to keep your health-care plan. Period. No one will take it away. No matter what.”

And it just wasn’t the President who made the claim, as USA Today reports.

• Senate Majority Leader Harry Reid said the health care overhaul efforts “means making sure you can keep your family’s doctor or keep your health care plan if you like it.”
• Senate Majority Whip Dick Durbin told the happily insured “we are going to put in any legislation considered by the House and Senate the protection that you, as an individual, keep the health insurance you have, if that is what you want.”
• And current Senate Budget Committee Chairwoman Patty Murray also said: “If you like what you have today, that will be what you have when this legislation is passed.”
• Human Services Secretary Kathleen Sebelius said the “bottom line is that under the Affordable Care Act, if you like your doctor and plan, you can keep them.”

So then, if the folks promoting false health claims for Nutella and Sketchers can be dragged into court and made to pay fines, what does it say about one of the biggest frauds perpetrated on the American people?