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CA wants to make it illegal for Tesla to label FSD as FSD CA wants to make it illegal for Tesla to label FSD as FSD

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CA wants to make it illegal for Tesla to label FSD as FSD

Credit: Whole Mars Catalog

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The California state legislature passed a bill today that would make it illegal for Tesla to label its software Full Self-Driving (FSD). The bill was inspired by the California Department of Motor Vehicle’s claim that Tesla’s FSD is “false advertising.”

The DMV would revoke Tesla’s license to make and sell EVs in the state if it got its way and said that Tesla would be “required to advertise to consumers and better educate Tesla drivers about the capabilities of its ‘Autopilot’ and ‘Full Self-Driving’ features, including cautionary warnings regarding the limitations of the features, and for other actions as appropriate given the violations.”

In other words, Tesla would have to pay for traditional advertising for its products to please the DMV. The DMV is conducting a review and Tesla plans to fight back. Tesla asked for a hearing to present its defense but the state legislator has lost patience so it decided to try to make the DMV’s rule a new state law.

The bill was sponsored by Senate Transportation Committee Chair Lena Gonzalez and passed by the Senate. The next step is for Governor Gavin Newsom to either sign it into law or veto it. Gonzalez said that Tesla’s false advertising of its technology is a safety issue and told the LA Times that she and her fellow legislators were puzzled at the DMV’s slow response to Tesla’s claims.

It should be noted that Tesla has never said FSD was fully autonomous and requires drivers to be alert and ready to take over at all times when engaging either FSD or Autopilot. For FSD Beta testers, Tesla has a strike system that will kick out a beta tester for unsafe driving once they reach five strikes.

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“Are we just going to wait for another person to be killed in California?” Gonzalez said.

 

My 2.5¢

I think that Gonzalez is exaggerating, with her question. Clearly, Tesla is not responsible for all of the deaths in California.

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So far, there haven’t been any deaths as a result of FSD and although the National Highway Safety Transporation Administration is investigating several accidents involving Tesla and Autopilot, those investigations are still ongoing.

So unless the NHTSA comes out and says, “Hey Tesla actually did kill those people,” Gonzalez can not say that Tesla was responsible for those deaths. I mean, she can but it wouldn’t be true.

Also, this whole thing started with the DMV wanting Tesla to traditionally advertise its products and services. If this becomes state law, would Tesla have to traditionally advertise in the state of California to be able to make and sell its vehicles in the state?  Or would the lawmakers require a name change?

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Perhaps California is tired of Tesla and the prosperity that Tesla has brought to the state. Perhaps the state doesn’t want Tesla to be a job provider there.

This isn’t a safety issue, but an issue, I think, where the politicians hate Elon Musk and are letting their bias get in the way. And when politicians make decisions, it’s the people who have to suffer the consequences.

If Tesla were to decide to leave California altogether, it would hurt the state’s economy and Tesla’s employees living in the state.  I don’t think Tesla would actually do that but it might, especially if it’s banned from selling cars because the state doesn’t like the name FSD.

Also, Elon could just rebrand it to not-FSD or not-FSD-yet.

Note: Johnna is a Tesla shareholder and supports its mission. 

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Your feedback is important. If you have any comments, or concerns, or see a typo, you can email me at johnna@teslarati.com. You can also reach me on Twitter @JohnnaCrider1

 

Johnna Crider is a Baton Rouge writer covering Tesla, Elon Musk, EVs, and clean energy & supports Tesla's mission. Johnna also interviewed Elon Musk and you can listen here

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Elon Musk

Tesla CEO Elon Musk drops massive bomb about Cybercab

“And there is so much to this car that is not obvious on the surface,” Musk said.

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Credit: Tesla

Tesla CEO Elon Musk dropped a massive bomb about the Cybercab, which is the company’s fully autonomous ride-hailing vehicle that will enter production later this year.

The Cybercab was unveiled back in October 2024 at the company’s “We, Robot” event in Los Angeles, and is among the major catalysts for the company’s growth in the coming years. It is expected to push Tesla into a major growth phase, especially as the automaker is transitioning into more of an AI and Robotics company than anything else.

The Cybercab will enable completely autonomous ride-hailing for Tesla, and although its other vehicles will also be capable of this technology, the Cybercab is slightly different. It will have no steering wheel or pedals, and will allow two occupants to travel from Point A to Point B with zero responsibilities within the car.

Tesla shares epic 2025 recap video, confirms start of Cybercab production

Details on the Cybercab are pretty face value at this point: we know Tesla is enabling 1-2 passengers to ride in it at a time, and this strategy was based on statistics that show most ride-hailing trips have no more than two occupants. It will also have in-vehicle entertainment options accessible from the center touchscreen.

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It will also have wireless charging capabilities, which were displayed at “We, Robot,” and there could be more features that will be highly beneficial to riders, offering a full-fledged autonomous experience.

Musk dropped a big hint that there is much more to the Cybercab than what we know, as a post on X said that “there is so much to this car that is not obvious on the surface.”

As the Cybercab is expected to enter production later this year, Tesla is surely going to include a handful of things they have not yet revealed to the public.

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Musk seems to be indicating that some of the features will make it even more groundbreaking, and the idea is to enable a truly autonomous experience from start to finish for riders. Everything from climate control to emergency systems, and more, should be included with the car.

It seems more likely than not that Tesla will make the Cybercab its smartest vehicle so far, as if its current lineup is not already extremely intelligent, user-friendly, and intuitive.

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Investor's Corner

Tesla Q4 delivery numbers are better than they initially look: analyst

The Deepwater Asset Management Managing Partner shared his thoughts in a post on his website.

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Credit: Tesla Asia/X

Longtime Tesla analyst and Deepwater Asset Management Managing Partner Gene Munster has shared his insights on Tesla’s Q4 2025 deliveries. As per the analyst, Tesla’s numbers are actually better than they first appear. 

Munster shared his thoughts in a post on his website. 

Normalized December Deliveries

Munster noted that Tesla delivered 418k vehicles in the fourth quarter of 2025, slightly below Street expectations of 420k but above the whisper number of 415k. Tesla’s reported 16% year-over-year decline, compared to +7% in September, is largely distorted by the timing of the tax credit expiration, which pulled forward demand.

“Taking a step back, we believe September deliveries pulled forward approximately 55k units that would have otherwise occurred in December or March. For simplicity, we assume the entire pull-forward impacted the December quarter. Under this assumption, September growth would have been down ~5% absent the 55k pull-forward, a Deepwater estimate tied to the credit’s expiration.

For December deliveries to have declined ~5% year over year would imply total deliveries of roughly 470k. Subtracting the 55k units pulled into September results in an implied December delivery figure of approximately 415k. The reported 418k suggests that, when normalizing for the tax credit timing, quarter-over-quarter growth has been consistently down ~5%. Importantly, this ~5% decline represents an improvement from the ~13% declines seen in both the March and June 2025 quarters.

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Tesla’s United States market share

Munster also estimated that Q4 as a whole might very well show a notable improvement in Tesla’s market share in the United States. 

“Over the past couple of years, based on data from Cox Automotive, Tesla has been losing U.S. EV market share, declining to just under 50%. Based on data for October and November, Cox estimates that total U.S. EV sales were down approximately 35%, compared to Tesla’s just reported down 16% for the full quarter.  For the first two months of the quarter, Cox reported Tesla market share of roughly a 65% share, up from under 50% in the September quarter.

“While this data excludes December, the quarter as a whole is likely to show a material improvement in Tesla’s U.S. EV market share.

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Elon Musk

Tesla analyst breaks down delivery report: ‘A step in the right direction’

“This will be viewed as better than feared deliveries and a step in the right direction for the Tesla story heading into 2026,” Ives wrote.

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(Credit: Tesla)

Tesla analyst Dan Ives of Wedbush released a new note on Friday morning just after the company released production and delivery figures for Q4 and the full year of 2025, stating that the numbers, while slightly underwhelming, are “better than feared” and as “a step in the right direction.”

Tesla reported production of 434,358 and deliveries of 418,227 for the fourth quarter, while 1,654,667 vehicles were produced and 1,636,129 cars were delivered for the full year.

Tesla releases Q4 and FY 2025 vehicle delivery and production report

Interestingly, the company posted its own consensus figures that were compiled from various firms on its website a few days ago, where expectations were set at 1,640,752 cars for the year. Tesla fell about 4,000 units short of that. One of the areas where Tesla excelled was energy deployments, which totaled 46.7 GWh for the year.

In terms of vehicle deliveries, Ives writes that Tesla certainly has some things to work through if it wants to return to growth in that aspect, especially with the loss of the $7,500 tax credit in the U.S. and “continuous headwinds” for the company in Europe.

However, Ives also believes that, given the delivery numbers, which were on par with expectations, Tesla is positioned well for a strong 2026, especially with its AI focus, Robotaxi and Cybercab development, and energy:

“This will be viewed as better than feared deliveries and a step in the right direction for the Tesla story heading into 2026. We look forward to hearing more at the company’s 4Q25 call on January 28th. AI Valuation – The Focus Throughout 2026. We believe Tesla could reach a $2 trillion market cap over the coming year and, in a bull case scenario, $3 trillion by the end of 2026…as full-scale volume production begins with the autonomous and robotics roadmap…The company has started to test the all-important Cybercab in Austin over the past few weeks, which is an incremental step towards launching in 2026 with important volume production of Cybercabs starting in April/May, which remains the golden goose in unlocking TSLA’s AI valuation.”

It’s no secret that for the past several years, Tesla’s vehicle delivery numbers have been the main focus of investors and analysts have looked at them as an indicator of company health to a certain extent. The problem with that narrative in 2025 and 2026 is that Tesla is now focusing more on the deployment of Full Self-Driving, its Optimus project, AI development, and Cybercab.

While vehicle deliveries still hold importance, it is more crucial to note that Tesla’s overall environment as a business relies on much more than just how many cars are purchased. That metric, to a certain extent, is fading in importance in the grand scheme of things, but it will never totally disappear.

Ives and Wedbush maintained their $600 price target and an ‘Outperform’ rating on the stock.

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