If the Obamacare website was a private business, it would be “taken to the shed and horsewhipped” for many Federal Trade Commission and Consumer Financial Protection Bureau violations, says former FTC Commissioner Orson Swindle.

The former commissioner, who headed the FTC from 1997 to 2005, told National Review Online, that the FTC requires that companies provide every possible bit of information upfront about a purchase, and HealthCare.gov doesn’t do that.

“Businessmen would lose their businesses, salesmen would lose their licenses — that’s the kind of thing we are talking about here,” Swindle said. “The bottom line is that no private entity would be allowed to get away with what the Obama administration is trying to get away with.”

The site’s often-documented woes, when added to President Barack Obama’s promises that Americans can keep their health insurance would likely be considered deceptive advertising, a violation of the Federal Trade Commission Act that prohibits “unfair or deceptive acts or practice in or affecting commerce,” the National Review reports. The act prohibits “representation, omission or practice that is likely to mislead the consumer,” that would lead customers to choose differently “but for the deception.”