In this paper we make two contributions. First, we show by example that empirical likelihood and other commonly used tests for parametric moment restrictions, including the GMM-based J-test of Hansen (1982), are unable to control the rate at which the probability of a Type I error tends to zero. From this it follows that, for the optimality claim for empirical likelihood in Kitamura (2001) to hold, additional assumptions and qualifications need to be introduced.