Originally Posted by philip.ed

Yes, fair point mate, but then again DX-11 isn't necessary, is it? So the misleading statement (which is completely ethical on a literal basis) still stands.

I think my last line sums it up. It is legit; just ethically it suggests towards inclusion which could easily mislead customers, as it clearly has done.
Not many people will dissect a game's cover art to determine what is actually included.