When a merchant ties their expectation to a date certain in order to sell a feature for their cars and then produces a video to prove that the feature is, in fact, working, it becomes a representation. When the merchant knows or should have known that their expectation was impossible to meet much less deliver on the promised timetable, it becomes a misrepresentation. Simple as that.
And, for the record, Enhanced AutoPilot didn't mean feature parity with AP1. It meant the enhanced feature set presented in Tesla's own video. That was the reason for the regulatory approval language.
That demo video was clearly about FSD added feature of the car, and there is no reason to expect that to be working at this point just because of a R&D demo video. Even Elon's ambitious goals were to have a public demonstration of that by the end of 2017 NY to CA at the earliest, and the feature is caveated with emphasis on regulator approval on top of this.