Companies can’t hide stuff in small print while, at the same time, saying something else in marketing material, with a footnote saying something along the lines of “real-life performance may be different”.

Now, whether that happened with Tesla will be for a judge or a jury to decide. In the past, Tesla certainly has made bold claims in their marketing material.

It would probably come down to the question what would have been ‘normal’ for the driver to assume about Tesla’s software.