Of course you could always buy it. Just like any old snake oil.
However, now it has been endorsed by the FDA as promoting hair growth. Sure the FDA didn't carry out the trials themselves but I think it is a stretch to suggest that Lexington have doctored the trials and pulled one over the FDA. The FDA would spot that a mile off - in fact they sent Lexington back the first time they submitted!
So while you could buy it before the FDA Notification, it has been verified as working now BY THE FDA and people should take some assurance and peace of mind from that rather than calling it a scam constantly!
Def