Correct me if I am wrong but you are limited to 1/2 watt on both FRS/GMRS if you don't have a radio licence. But because of the prevalence of "bubble wrap" consumer radios that are more powerful than that, most people who buy the higher power radios are ignorant of the requirement to get their license. Up here, we are limited to 2 watt effective radiated power (at the antenna) which are still pretty power radios. Note: A lot of handhelds claim to have a 5 watt power but that is not necessarily the energy you get at the antenna.
Typically you're seeing output power of the transmitter. ERP is a function of output power and the antenna.
Disclaimer: I am an amateur radio and GMRS licensee, but I am not an attorney and I don't play one on the Internet.
In the US, you're limited to 500 mW on FRS, and not permitted to transmit at all on GMRS-only channels without a license.
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