Well that use to be the case with one to one comparisons to android, but with the S3 and S4 being so high I am not sure that is the case anymore. I don't want to get into a sales debate, so I will just say it seems very hard to prove from Apples standpoint. Not to say they can't, but I have see no one say where they got these stats from. If they are just basing it purely on iPhone sales compared to any other smartphone I call bull crap.
I guess I am wondering why they have to in the first place. They've made plenty of cplaims like this without getting into trouble, and I think they (and other comapnies) can get away with it simply because they aren't comparing themselves directly to a competitor. Once you compare yourself directly to a competitor there is grounds for "false advertisement" claims, I would think. I am not a lower, but that would make sense to me.