Lying isn't marketing. It's just lying.
A good portion of marketing is about lies that we (or other people) want to believe
But I have personally seen multiple times the “fake it till you make it” attitude in marketing products. I would have rather seen the other approach, but in the end it worked to get it off the ground.
It's a spectrum with some tolerated boundaries, just like we abhor lies between people except for the ones we accept (Santa Claus to the kids, you have a beautiful smile, etc.)
But this is, again, just another Tesla Musk lie. Perhaps he was just "being sarcastic."
They are still measuring that in a defined standardized way. It might be very different from real world conditions but that doesn’t mean that they are explicitly lying.
In some countries (including the US, actually, I thought), regulators have started cracking down on this, though it certainly used to be the case that food photography was basically all about fraud.