Its not 'false advertising'... you don't know what that means... because if you order it next week, it WILL be instant. It's only NOT instant because they can't process them fast enough. That is NOT what false advertising means. IT IS STILL INSTANT. You get the items the INSTANT they process your order. A delay in processing orders doesn't make that false advertising.
Does standing in line at an event labeled early access mean it's false advertising if you still get in before it starts, just because you didn't get to instantly walk in? No. Same thing applies.