Using your logic would not the end user then have to pay Nvidia going forward when new drivers improve the "price/performance".
No. Completely different situations. False advertising is illegal. It´s even a crime in many countries. You can not lie to a consumer to make he/she buy your product, as it would be fraud.
Even if it was just a mistake by Nvidia, those that were mislead by the company´s statements which misrepresented the product and feel cheated should be compensated. Consumers have the right to know what they are buying.