This is an undocumented feature, from what I gather. So it's missing the "bait" part of "bait and switch".
There might be gazillions of reason why this was done.
If they do then this is indeed fraud.
They can always claim that those were engineering samples and not meant to be tested, but, I think they knew.
But: that's assuming a lot. It's possible that the ES chips sent to reviewers also had AVX-512 disabled, and that benchmarks did not make use of the instruction anyway.
No, because half the cores on those don't even have AVX-512 in the first place. (to enable AVX-512, you have to disable all the eCores)
As such, running those systems with AVX-512 turned on was academic, but not practically used.