What constitutes quackery depends very much on how quackery is defined. If part of that definition is making false or unsubstantiated claims about a medical product you are selling, then Dr. Rolando Arifiles is a quack.
Dr Arafiles and his cronies in the Winkler County government may not realize is that this "internet" thing works both ways. It may increase your ability to sell fake cures, but it also opens you up to being discovered. Of course, increasing your profile by abusing the legal system to quiet critics doesn't help.
The FDA and FTC aren't too happy about the proliferation of fake flu cures coinciding with the H1N1 pandemic. They are so unhappy that they are making a special point of going after people preying on the public:
"Products that are offered for sale with claims to diagnose, prevent, mitigate, treat or cure the 2009 H1N1 influenza virus must be carefully evaluated," said Commissioner of Food and Drugs Margaret A. Hamburg, M.D. "Unless these products are proven to be safe and effective for the claims that are made, it is not known whether they will prevent the transmission of the virus or offer effective remedies against infection. Furthermore, they can make matters worse by providing consumers with a false sense of protection."
The Quack Miranda Warning is no protection against this sort of malfeasance.
See the circled bit? The part where Arifiles claims that his colloidal silver gel is FDA approved for swine flu? That's not OK.