My main point is not a subjective one, the content I'm talking about isn't bad, it's just non-existent. One of the main points they fussed and fawned over in presentations was customizable keeps. I use this example because it's not open to opinion (something like the combat you can love it or hate it, i quite like it but others don't) It's just NOT THERE.
That to me just seems pretty bad form.
That is how games work though.
I remember Fable 3 was all about holding hands a mechanic to guide people through quests and to get closer to people in the game, so you can get a better connection with them. Yet that mechanic was barely in Fable 3, most of it was cut out.
This is why they have Alpha/Beta disclaimers regarding content, it gets changed and refined, and features are removed from the game. The only sin is that they showed people stuff first, but it's not false advertising, its features being highlighted that can be removed.
The interesting thing is, we have a case false advertising going on, with Aliens: Colonial Marines from Gearbox, and that has to do with the Press Demo's of the game being touted as "actual gameplay footage" instead of Alpha build footage, which is always subject to change. The impression and the changes done put Aliens in a different light, one that pissed off people heavily. Throw in the fact that the suit itself is over the embargo/review code part of the scandal too:
"The suit claims that by sending out review code to the press under an embargo that lifted in the early morning of Aliens: Colonial Marines' launch date of Feb. 12, the game's pre-orderers and early adopters would have no knowledge of the discrepancies between the demo and final game. As such, it seeks damages for anyone who purchased the game on or before its release date.
"Each of the 'actual gameplay' demonstrations purported to show consumers exactly what they would be buying: a cutting edge video game with very specific features and qualities," the claim reads. "Unfortunately for their fans, Defendants never told anyone — consumers, industry critics, reviewers, or reporters — that their 'actual gameplay' demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers."
Non-existent content happens. It's only false advertising when it's literally messing with the system to screw over customers. The review embargo for Unity was a delayed one for some reason, and that pissed off a lot of people against Ubisoft too.
Something not being there really doesn't matter regarding false advertising, so long as they have the legal claims of Alpha/Beta builds, which they did during the E3 presentations.