In the case of marketing, it's just considered an opinion, mostly because if anything like that is ever put forth to a Judge, there's 900 odd ways to loophole it.
"We meant our assholes, your honor; as open as they come."
A probably a bit political for this topic, but most companies are allowed to lie about most things. Only a few things that they're not allowed to lie about.
and for those few things they're not allowed to lie about they pull out every trick in the book to come as close to lying as possible without outright doing it.
Their official marketing is to call Windows 11 "the most secure version of Windows ever" or something along those lines. They definitely use "the most secure" in their marketing, but I think they do it in a way where it is only in reference to previous consumer versions of Windows if you actually parse out what is being said.