I haven't heard the actual presentation yet so perhaps I'm missing some context but:
How exactly is stating a percentage any better than a crash test rating? At least the rating gives you something to compare with (other vehicles) and the tests themselves are well-documented and reasonably well-designed. I would have no idea what to do with a percentage, so it seems like he has replaced a buzzword (crash test ratings) that means something with a buzzword (possibility of injury during high speed collision) that doesn't provide a point of reference.
"Stay with us at our 5-star hotel!"
"Stay with us, there's a 6% chance you will get hurt if there's an accident!"
Then he had a slide that showed how you would die early by living in a big city. The first ~10 minutes was a real downer.
After they spent all of that time on all the things that could kill you, they didn't once show the drivers seating area which seemed like a real omission.
(And, yes. I like Elon. I like Tesla. I own a teeny tiny amount of TSLA stock. I'd be sorely tempted to get a Model S if I had somewhere to charge it. )
With graphs!
http://wayback.archive.org/web/20130820005458/http://www.tes...
(Edit: I had to link to the wayback machine because Tesla subsequently removed the press release. Alternately, there's also the blog posting that you yourself pointed to elsewhere in this thread, with the same language: http://www.teslamotors.com/blog/tesla-model-s-achieves-best-...)
The feds pushed back that 5 stars is the max, and there's no such thing as doing better than 5 stars.
Edit: My comment is still valid, there was simply no such claim made.
"NHTSA does not publish a star rating above 5, however safety levels better than 5 stars are captured in the overall Vehicle Safety Score (VSS) provided to manufacturers, where the Model S achieved a new combined record of 5.4 stars."
Elsewhere in this thread, you point to a different Tesla blog post with the exact same language!
They also make it pretty clear: NHTSA does not publish a star rating above 5
You would have to be either a lawyer or pretty dense to see that as deceptive.
Any other suit would say "Five star" over and over.