Fixed vs Variable speed
The ASA *requires* the use of "up to" on fixed speed services such as Virgin's cable services, to indicate the variability due to contention etc.
The ASA further require additional copy for *variable rate* services such as ADSL (Virgin's "national" as opposed to "urban" service) to indicate the variability depending on line length, location, etc..
To compare the performance of fixed rate with a variable rate adaptive service is crass. VM cable modems always connect at the service speed, it's the nature of the technology. Lower throughputs are down to congestion, traffic management and other bottlenecks.
A rate adaptive service on the other hand establishes the best link speed it can, perhaps between 288k and 8M, and then the throughput will be a variable proportion of that link speed. So the "speed" is now characterised by two numbers and the whole advertising department won't understand it. Never mind.
Virgin lie about their ADSL service, saying on their web site that I can get an up to 20M service when no such thing is avilable in my telephone exchange, and further saying that "Unlike some others we're not into capping the speed you get, so we'll always give you the fastest possible broadband we can" when in reality they use an identical BT Wholesale up to 8M service just the same way as every other service provider on my exchange.
Still, it got them publicity which was no doubt the objective.