This is really missing the point. Tesla could have called it “unicorn mode” and the result would still be the same.
The true issue at hand is that Elon Musk has been banding about telling people that their cars are going to drive themselves completely for over a decade now and overstating teslas capabilities in this area. Based on the sum totality of the messaging, many lay consumers believe teslas have been able to safely drive themselves unsupervised for a long time.
From a culpability standpoint, you can’t put all this hype out and then claim it doesn’t matter because technically the fine print says otherwise.