As you discovered, this is common in the industry.
I recently started as an Engine Tech at Kohler. I've been learning a lot about the small engine business. I've been suprised to learn at how few differences there sometimes are between engines of different HP ratings in this industry by all manufs. Also been suprised by how much HP has jumped on some things.
FWIW: Most HP ratings are for a specific RPM. Usually they do not change HP ratings just by governor settings. In fact they cannot, legally. There has to be a discernable difference between and engine that is sold as 9 HP and one that is sold as 10. Can be 1 one cent part, but it has to be there. (more than just a sticker) Many times the rated HP is at an RPM above the governor setting. In which case the engine would never see that point.
BTW: has it been discussed what advertised HP REALLY means?