The new breed of FH's classified as "Non Flash Suppressing Devices" WTF?

I’ve noticed several new flash hiders on the market within the last couple of years. Many of these items (i.e. PWS’s “FSC556”) have disclaimers in the various dealer ads:

This device has been classified as a non-flash suppressing device by the BATFE.

It really makes me wonder just how effective these items are, if the government says they don’t really suppress the flash. It contradicts the item’s ad description about how great it is… There must be something I’m missing.

Anyone have comparison experience with this or other model FH’s?
Is the Vortex still the benchmark, and has it been surpassed yet?

My understanding is that it doesn’t suppress flash more than the A2 FS, which allows it to remain out of the “FS” label when BATF did their testing. I have one, and it reduces flash around the level of my A1 & A2 Flash suppressors, but that is according to my MK82 eyeball, and not with any testing equipment.

As far as the Vortex, its been surpassed by the AAC units from what I have been told, and since I consider John Novekse to be a credible source, I believe it. I’ve used the AAC unit and found it to have no flash visible under low light, but I’ve not used it in “full darkness”.

Here is the FSC556

Picture of the AAC FS.

Lastly, here is the AAC FS on a Novekse upper/ LE6721 lower.