I guess you are right on that Steve.

In doing my research on this it seems that the FTC says that it is most interested in enforcing the Can-SPAM laws
for the following

Mail with false or misleading header information
Deceptive subject lines
Not giving recipients an opt-out method
Not stating that the email is an advertisement and
Not including the sender's valid physical postal address

But what I found is that most of the prosecutions seem to be for unsubstantiated claims about health benefits of food, drug or dietary supplements,mail with sexually explicit content, drug and pharmacy related emails.

The "content of the ads" seems to be the trigger for prosecutions false or misleading advertising

I wonder if you avoid the content that they are focusing on do you avoid their scrutiny?

When I look at the FTC's CAN-SPAM page I don't find the section about unsolicited commercial email maybe it's open to interpretation or if you read between the lines it's there.

On the FTC's webpage there is a link that says
The CAN-SPAM Act: Requirements for Commercial Emailers

I couldn't find a direct reference to unsolicited commercial email anywhere on the page. Do any of you guys know where I can find that info?