I haven't seen where they represented that the same power would be available when passing as from a stop.
In fact with Launch Mode, even before the recent changes, they have said the opposite - -namely that Launch Mode "provided optimum acceleration" (p. 60 of the owner's manual). Now they just made that line in the owner's manual true.
Without evidence to the contrary I interpret any decreases or disincentives to power availability to be a reluctant but necessary trade off to purchase significant longer term reliability which will benefit consumers more than Telsa -- those like me that intend to keep the car well into the post warranty period -- but also will benefit those who intend to sell while under warranty since the price they obtain for their P model car from the buyer market will reflect the risk of significant post warranty costs for P models.
You can trade off all you want. That's your choice, not Tesla's. Leave your car in sport mode. They can reluctantly trade off all they want for future purchasers. But I followed all of the battery developments on the P90DL on its way to a 10.9 sec 1/4 mile v3, and it was the improvements to passing performance that came with the extra horsepower that interested me most. This was a big issue with the p85d horsepower people. Tesla does make claims about their passing performance by quoting their 45 to 65 mph specs which wouldn't be possible without full power.
I checked the battery part number before I took delivery and used a can bus analyzer to check the power I was getting. Now, unilaterally, they've decided they are going to reluctantly make some trade offs on a car I own.
I haven't seen were they explicitly represent that the paint won't peel off, either. The car I now have does not have the same performance it had at time of purchase, so they need to do something to restore it.