I suggest you read the article. The point of it is that, in this case, the SEC does not object to marketing promises (though they probably could have). The SE

I suggest you read the article. The point of it is that, in this case, the SEC does not object to marketing promises (though they probably could have). The SEC objects that this ICO has an investment component. That is, that it is sold to people hoping to make money from it. Basically they are enforcing that if there is an investment component, the coin is a security and needs to comply with security offering law.