If I'm seeing their dyno chart correctly, and please correct me if I'm wrong, the first dyno run is not stock but using a JB4 on map1. Then they show the gains of this intake on a dyno run marked as with JB4, a downpipe, and running map 2. If this observation is correct, then touting product gain when the testing conditions are not exactly the same seems incorrect. The intake should have been the only change with the car staying in map1 for an actual look at any delta or showing the dyno run on map2 with /DP, first without, and then with the intake. I guess saying a product has "up to" X gain is the way to answer that.
Also noted this is the data being provided by the manufacturer, not Mike.