That example isn't the same at all. In that instance it isn't even a product that serves the same purpose. To freeze and to cool are two very different things. This dark souls example is more like suing Wendy's because they hire people to make their food more appetizing for commercials, and even then From may well have made a calculated cut in the name of stability and FPS, not to "deceive". From isn't a very technically talented studio, their games never deliver amazing graphics as well as perform well on the haedware, expecting both is unrealistic, and cutting back on eye candy to improve frame rate etc... us a cut I support 95 percent of the time if necessary. Even so DS2 DOES look better than DS1 in many ways, so the claimed of an improved graphics engine aren't even false.
A beta isn't a finished product, a beta or an alpha is not a promise either, the whole point of beta testing is to see how things are working in an actual game scenario, and then make changes based on the data collected and feedback. From didn't promise to deliver the beta, the promised to deliver a sequel to Dark Souls, which they did, and with flying colors based on my 8 hours with it and the great reviews. To say reviewers, who are paid to review the product at hand, should do anything other than review the finished product is ludicrous, they should editorialize to a certain extent, but the ultimate goal is to review the product in front of you. If the game is worse than thw beta in some way it should be holistically reflected in the review as an overall indictment of the game in questions quality, not some weird diatribe about how they are a petulant child and From pissed in their cereal. The sense of entitlement, institutionalized bias, and catering to vocal minorities who act like spoiled adolescents (maybe some actually are) is why games journalism is a joke. Oh and the widely accepted bribing too.
What game from FROM ever convinced people that they are capable of delivering an entire game that is technically more than average, because I cannot think of any.