I completely agree with you that stating a 22hp increase would certainly require a dyno to verify, hence, post the results! This would lead to me to believe that this particular chip could be grounds for waving the BS flag.
All I was saying is that while this particular company might not have done it, others willing to invest significant amounts of R&D, could. I don't how aggressive BMW is with their ignition timing, cam angle, and fuel maps, they might not tune for optimum air /fuel, etc.
We would have to wait and see.