Holmes wasn't just making lofty promises about the future capabilities of her technology, she was lying about its current capabilities to investors and using unreliable diagnostic tools to provide patients with test results that were frequently wrong - real patients experienced real harm as a result.

The better analogy would be Musk indiscriminately enabling full self-driving in every Model 3, claiming its Level 5 as is, and encouraging drivers to sit in the back with a blindfold on.