We've had a century or so of "vehicle recall" meaning a hardware problem. And there is no precedent in the software industry for calling OTA updates "recalls" rather than "updates." I, frankly, dislike Musk and Tesla. But this reeks of yellow journalism. Calling this something like a "[critical|federally-mandated|regulatory] safety update" would better describe what's happening to consumers, and also prevent them from taking future hardware recalls less seriously.
If the NHTSA simply chose and adopted such a term officially, the US's existing executive structures like the FCC and FTC, and/or libel/defamation court cases, could solve this problem. As it stands, not differentiating and calling everything a "recall" really makes the NHTSA seem to be "in the way" rather than "making things safer," at least to me, so the agency stands to benefit by making such a choice as well as consumers and the industry.