And the fine needs to be high enough to prevent them from just saying - oh, well, we can make money if we keep doing it.
If you could only fine a person for committing murder, you wouldn't fine a billionaire $5m, and then hope he wouldn't go on killing everyone he thinks he'd rather have dead than $5m.
So the question then is - how much did Tesla benefit from claiming they could do this thing? That seems like a reasonable starting point for damages.