Tesla sold European buyers the Full Self-Driving package for up to €6,400 with a consistent message: the hardware is already in the car, the software is coming, only regulatory approval is missing. On 16 December 2025 a California administrative law judge ruled on the name itself: 'Full Self-Driving' was unambiguously false and counterfactual, and the Autopilot naming followed a long, unlawful pattern of using ambiguity to mislead buyers. The DMV ordered a 30-day suspension of Tesla's California sales licence — its largest US market — unless the marketing was corrected within 60 days.

Tesla complied: in January 2026 it dropped 'Autopilot' as a standalone product name in the US and Canada, and the DMV confirmed on 17 February 2026 that the correction sufficed. Six days later Tesla sued the DMV to get the ruling reversed. The ruling had company: Munich's Landgericht banned 'Autopilot inklusive' advertising in July 2020, overturned on appeal with the name allowed to stay, and France's DGCCRF found deceptive commercial practices on 24 June 2025, imposing a penalty of €50,000 a day if Tesla failed to comply within four months.

Europe then supplied the measurement. On 10 April 2026 the Dutch authority RDW granted the first provisional EU type approval for FSD (Supervised) — classifying it as a driver-controlled assistance system under UN Regulation 171 and stating plainly that the car is not self-driving. The approval covered the HW4 computer only. Freedom-of-information responses show Tesla applied for HW4 alone on 5 November 2024, and RDW confirmed on 13 May 2026 that it holds no record of any application for HW3 — the computer fitted to several hundred thousand European cars sold between 2019 and May 2024.

Many of those owners had paid for Enhanced Autopilot or Full Self-Driving on top of the car's price, on the promise that the hardware was sufficient. As of August 2026 Tesla was still selling the same subscription to HW3 owners whose cars had never been entered for assessment.

Threatened 30-day suspension of California sales licence; €50,000-a-day exposure in France; hundreds of thousands of HW3 owners' up-to-€6,400 FSD purchases stranded.

The product name itself carried the claim, and buyers do not cross-check spec sheets before they buy.

Under EU unfair-commercial-practices law and California's statute alike, misleadingness is judged from the average buyer's understanding — intent is not part of the test.

Tesla's hedge (the word 'Supervised', manuals demanding an attentive driver) left room to defend in court while the marketing ran on the stronger reading.

The hardware roadmap was sold as a sure thing: HW3 owners paid for a future the approval files show was never even submitted for assessment.

One naming decision accumulated rulings in Germany, France and California — every jurisdiction with an advertising statute could reach the same words.

A product name is an advertising claim. If it promises more than the product delivers, any advertising regulator can reach it — and complying concedes the point while you sue to erase the finding.

The DMV accepted Tesla's corrective action on 17 February 2026 and no licence suspension followed; Tesla sued the DMV on 23 February 2026 to get the finding reversed. Germany declined to recognise the Dutch approval on 17 July 2026, with its KBA planning to test a Tesla itself; an EU Technical Committee vote on bloc-wide approval was set for 6 October 2026. For HW3 owners, no regulator has ruled on whether Tesla may keep selling the subscription, no court has ordered refunds, and the promised upgrade or discounted trade-in has no announced price or date.

FOLLOW THE EVIDENCE

The sources

  1. 'Full Self-Driving' was the Advertisement hoopoz.com
  2. DMV Finds Tesla Violated California State Law dmv.ca.gov
  3. Tesla Takes Corrective Action to Avoid DMV Suspension dmv.ca.gov
  4. RDW explanation of European type approval Tesla with provisional validity in the Netherlands rdw.nl