A company not living up to what it promised when it is telling you to buy the product on the basis of that promise meets the first condition of fraud. It absolutely can be fraud.

The only question is whether the company or company representative making the claim knew what they were saying was untrue.

Based on stuff Elon said in the same presentation as being true as of the day he made the presentation actually being false, I suspect he was indeed aware that he was just lying, but it’s hard to prove in a court of law, and Tesla is a huge company with an extraordinarily active legal department, so it’s unlikely a customer would take him to court.