Dude, all I can say is you're wrong about pretty much everything you've said. Clearly you haven't worked in this area and don't work with a lawyer. So we can agree to disagree, but legally speaking I'm right. You're not taking a legal view, you're just making it up based on what feels like common sense or acceptable behaviour in your eyes. That's not how the law works at all, and nor does everyone agree with your common sense view.

Marketing is very carefully regulated and companies spend a fortune to sit just the right side of the law. You have to use the legal definitions and follow precedent, not go on the common law use of the word fraud. Or securities for that matter. Or trading. Crumbs (et alts) was wrong for similar reasons when claiming illegal securities and illegal exchanges. Whether they were had yet to be determined, which is still the case.