Tesla does as do their investors. Liability, lawsuits, money... all that stuff you might not care about.
Easier said than done for some people.
- Most people who have those don't "know" since their electrician and inspector said it's up to code, they have no choice but to trust them since they simply don't know any better. If they have a friend with a Tesla who also isn't aware of this, I bet they'd rather the Tesla mobile charger was limited to 32A.
- Even if they find out, "fixing" it would not be covered under any kind of builder and/or electrical work warranty, since it's up to code. Fixing this may be very costly. Say they have such NEMA-14-50 on 40A , the cost of wiring a new 50A circuit could be $1K-$5K. Most people don't want to spend that kind of money for a friend or family member who might visit one day. 50A is not needed for an oven or dryer, but if they ever have a friend with a Tesla with an old 40A charger who wants to plug in through an extension cord sticking out the window, it would be good to have it upgraded. Or you could just ask the friend to crank down the charging current to 32A. Or, might be cheaper to buy and install an HPWC or even just a proper additional NEMA-14-50 in the garage right next to the breaker panel on a 50A , 3ft long circuit.
Bottom line is there are already existing NEMA-14-50's out there that will not be rewired, hence the problem cannot be avoided. The only way to fix this long term is to come up with a whole new 50A NEMA socket, make sure the code says you have to supply it with a 50A circuit, then Tesla can sell an adapter to that socket which will allow 40A draw.