Yeah, unfortunately it's not criminal to lie in your marketing. Hello WAR.
However, it is criminal to fudge numbers.
Actually fairly sure it is criminal to lie in your marketing. You for instance can't market a product as "This WILL help your backpains" if it is just a sugar pill. The car example I made also stands, if a company defines something in their marketing and advertizements, they usually have to hold up to that in some degree. There are ways around it, like saying "feels like", where they could argue that feeling is subjective. Once they start adding things that could be defined as objective (facts), then they have to hold up to that.
Except in gaming. It is one of the only businesses that keeps getting away with making products that in no way shape or form match their marketing. They also get away with holding back information. Even in music, if you pre-sold an album, marketing it as "This will be the best 12 songs I have ever made", the "best" is subjective, but if people pre-paid for it, there has to be at least 12 songs in the album. Gaming companies can state "this and this will be in the game", market that for pre-orders, and deliver close to vaporware and still get away with it.
I understand that laws are generally made to satisfy shareholders (money talks) and not the consumers, but in this regard, you would think that having gaming companies uphold the same laws everyone else has to, would increase the consumers goodwill and also spendings. Pre-orders, season passes and early access are debated as a negative because we do not know what we will get in the end, the product is unknown, and the negative comes from so many examples of games not holding up to the marketed potential. It shouldn't be like this. If they say "this will be in the game" and people want that, and buy it because of that, they should expect to get what they paid for. Like in my car example, if you bought a Ferrari based on statements of them making the next supercar and they gave you a Prius, you could easily void the purchase. Voiding a digital game purchase because of customer dissatisfaction because the product did not include what was marketed is next to impossible unless the game is so broken it won't run.
Considering gaming is now equal or greater than the movie industry in terms of profits you should think that they had to start following the laws soon.