[esrauch]

People obviously disagree since I was downvoted but I don't really see the black-and-white difference between the two.

In both cases there was an intentional design change to deliberately changed mislead a measurement, and the final product does not match the intended thing. Both adversarially directly cause the consumer's purchase to not be the intended item; no one gets a car that has emissions measured and no one gets a heater that has the efficiency measured.