Consumer advocate: One advertisement that is deceptive, and thus morally wrong, states that "gram for gram, the refin...

I feel like the advertisers could have just spiked out of E as a response because they simply could say that their expectation was not for the consumer to make a false conclusion from it. Their expectation could have been something like wanting to plant a thought in the consumer's mind that their product is fine in moderation and could still boost sales, or a number of other expectations. Since we don't have to pick an answer that makes the argument airtight, it just needs to help, why isn't D correct, since the principle is an OR statement and not an AND statement?