How is it that Tesla (and other companies developing self-driving capabilities) are allowed to deploy their products in the real world? We make people take a test to get a drivers license -- why don't we have requirements for self-driving systems? We require that cars pass routine mechanical inspections -- why isn't the software controlling these cars regulated?
Because in the context of regulations, they don't claim it to be self-driving.
Most regulated products require post market surveillance. You have to actively monitor the market and how consumers behave. If they have a misunderstanding about the intended use of your product, you're overpromising. Which is clearly the case here if Tesla did their post market surveillance correctly.