Gaming the system is in the same category as lying, IMO.
If you bought an electric car that advertized it could go 100 km/h, but then when you drove it off the lot onto the highway it dropped down to a max speed of 10 km/h after 3 minutes, wouldn't you feel you were lied to? You thought you were buying a Tesla, but ended up with a golf cart!
Actually, I'd feel rather stupid for buying a car without doing research first, but I digress.
The ANSI standard is to blame IMO, it's extremely flawed and there are plenty of reputable companies who like to take advantage of this with 3 minute turbo boosts so they can claim up to twice the normal output, but I don't quite see that mentioned too much.