The FCC seems to have grown a spine given they've reinstated net neutrality and rolled out the Broadband Labels that require ISPs to be upfront about all fees, so maybe they'll tackle this eventually.
In Australia, ISPs have to advertise the "typical" or average speed during peak times. See the plans here for example: https://www.tpg.com.au/nbn. It's still not a guaranteed speed, but listing an average speed during the most congested time (evenings, since everyone is streaming movies and TV shows) is significantly better than listing a maximum speed.