In fact Hello Games was at one point faced with an investigation by the Advertising Standards over claims of misleading customers. However it seems that the developers can now put that behind them because the Advertising Standards has since ruled that No Man’s Sky did not mislead customers.
The Advertising Standards had initially received 23 complaints with gamers complaining that the images and videos used to advertise the game did not actually end up in the launch version. According to the ASA, “The summary description of the game made clear that it was procedurally generated, that the game universe was essentially infinite, and that the core premise was exploration.”
They add, “As such, we considered consumers would understand the images and videos to be representative of the type of content they would encounter during gameplay, but would not generally expect to see those specific creatures, landscapes, battles and structures.” In the meantime it seems that the developers at Hello Games are trying to win customers back with an upcoming update that will bring about some new features to the game.