So, if Apple put a little disclaimer, in "fine print" at the bottom of the ad at the end, stating" "Websites dependent on Java and Flash will not support full functionality," would that satisfy the Advert Board in the UK? I'm pretty sure that would stave off any legal action for such claims in the US.
Along the same vein, to prevent further controversy over the "Twice the speed at half the cost" adverts, wouldn't a similar disclaimer along the lines of "your results may vary based on location, 3G network availability and network loads" protect them from false advertising claims.
Those tactics seem to work for Rx med, automobile, vacation, attorneys, home loans, credit cards, and all other sorts of adverts here in the US. On the radio, they even read the disclaimer out loud in rapid-fire-speak.