Another thing to consider is purposely derated power numbers similar to the "gentleman's agreement" between the Japanese carmakers during the 90's and early 00's to not go over 276 hp even though many of their vehicles clearly had more than 276 hp.
Japan Dumps 276-hp PactSAE standards and advertising laws only states that you cannot go over the tested number. It doesn't say anything about advertising below that number. There have been other instances of manufacturers doing this based on wheel end dyno numbers, but these manufactures never confirmed.