interestingly there is rumours that the ASA are close to changing their stance on 'up to' speed advertising.
There is pressure on them to change from 10% of customers to mean averages.
This might explain why this product has been released as obviously having a higher speed cap will push up the mean average speeds.
That would be a shame, as the mean average doesn't tell me what is the theoretical maximum that the service supports. I'd been pondering it earlier and thinking, what if 'upto' was replaced with a stated range, eg '56kbps-40Mbps'?
That would get the message across to those that misunderstand 'upto', that not everybody will get 40Mbps, and many people might get a lot less. Yet it still conveys the required information, that the service is capable of 40Mbps when circumstances permit?