They aren't exactly lying, just being deceptive.
I don't know that I can agree with either your distinction or, even if I do assume your distinction, that that's not lying.

If I were I gas station proprietor and put up a sign that said I was selling gas for $1.159 a gallon and then had small print at the bottom of the sign that said ``Oh, by the way, that's a UK gallon'', I'd have to say that that was tantamount to lying.

Okay, so there's a difference in that at least drive manufacturers all fudge their numbers by the same scale, so you can compare, but still....
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Bitt Faulk