If when Tesla first delivers an "85 kWh" car to a buyer and if with no cycles on the pack the individual cells are capable of providing about 84+ kWh's outside of a battery pack under specific conditions, which I think is possible, then I don't think Tesla has an issue. Lithium cells, especially Li-Co based cells such as Tesla uses, have a steep capacity loss curve in the earliest cycles. Would it be better if Tesla rated the pack at 80 instead of 85? Sure. But it's quite common practice in the battery industry to advertise the max capacity when brand new under test conditions. Real world almost never reflects that. Interestingly the one exception I've seen is the large format prismatic LiFePO4 cells from China that most of us use for our DIY projects, they consistently come in at least 10% higher than rated capacity, which means over their lifetime you'll get closer to an average of their rated capacity as they age. I'd like to see the industry adopt a similar practice. It's possible that Tesla has with the 60, 70, and 90kWh packs, they seem to have with the 60 already.