Not getting treated for a disease you have, or taking medication for a disease you don’t have, versus buying something that wasn’t yet as good as the product video.

People have died due to someone believing that a Tesla could handle normal driving conditions when it could not. That doesn’t seem like an incredibly huge gap in terms of impact.

There's certainly a difference in terms of the possible severity of the impact of the two things, but that doesn't speak to whether or not they're both scam behavior.

If you're claiming things about your product or service that aren't true (even if they may become true eventually), and especially if you're faking evidence to support your lies, you're scamming.