It's technically false advertising. It's an AEB test, and not a test when the FSD was turned on. All the video evidence that they show us are with FSD turned off, as pointed out by the very observant electrek.co:
A Tesla Full Self-Driving smear campaign started by a California billionaire running for Senate has a new attack ad based...
electrek.co
The green icons of the steering wheel and path predictor (single solid green line in front of car icon) were never turned green.
Even when FSD was never turned on, the standard AEB should have kicked in, but as the Tesla manual claims, you can't rely on its AEB to prevent collisions, injuries, or death.
They hired professionals to test the FSD and they should demand a proper retest.