if i bought a car that said it was going to give me 30 miles to the gallon, i would expect it to give me 30 and not 20(or 15)...
i doubt car manufactures can get away with it and i'm sure if something like that happened, there would be a recall or a class action... just saying..
Analogy aside Tunze is a German company AFAIK and I seem to recall that Germany has stiff advertising laws that require products to meet their stated specs. This is one of the reasons German car manufactures like BMW and Porsche have very conservative performance numbers compared to what they actually can do. Even if there isn't an end user outcry and/or class action suit there may still be legal repercussions. For the record I hate class action suits and do like the way Tunze is being pretty upfront about their pumps not meeting their own published numbers but that doesn't meant they are out of the woods yet.