Deceptive advertising is a crime. If you set out to create a belief that is untrue, you're already criminally liable. If the people who believe what you said end up getting killed...
I disagree that its deceptive. Technically yes the car can drive itself albeit not perfect. Tesla never claim it can drive perfectly either.
They claim close to level 5 in public, claim level 2 to regulators. Deceptive or not?
Its not deceptive/contradictory, technically, close to level 5 can be level 2.