you can't be serious.... at what point in the advertisement are they promising support for flash let alone even mentioning flash?
They are treading dangerous territory. They are advertising the fact that the iPad will display a properly rendered NYT page.
If enough consumers buy with the expectation of the product rendering NYT as advertised and it does not deliver then expect potential lawsuit, FTC investigation.
They need to put in a disclaimer on the video that the NYT is a mockup and will not render on iPads as shown.