Lying overlaps marketing. The pizza you get never has the density of toppings in the ads, nor the soup all the chunky bits. Your battery life doesn't match the manufacturer claims. All the fine print spells out how you can't claim that prize.
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."