To be fair, that chart is pretty slanted, and I would wager was made by a big fan of 10mm Auto for the specific purpose of downplaying just how common the FBI Loads really are.
Honestly, the .40 S&W table is missing several of the more powerful defensive loads like Federal HST, Winchester Ranger, Remington Ultimate Defense, Hornady Custom XTP, etc and is mostly Target Loads. (Seriously, who uses Winchester White Box or Federal American Eagle as an example of what any cartridge is capable of?)
Furthermore, Target Loads for the 10mm Auto are conveniently excluded, why ever could that be?
Last but not least, there's no mention of what pistols were used to get those numbers, but I have a hunch that it was also slanted in favor of 10mm Auto by doing something like shooting .40 S&W out of a Glock 23 while the 10mm was probably shot out of a gun with a longer barrel like a Glock 40.
As far as I can tell, that chart is based on manufacturer provided information which lays to rest some of the concerns about barrel length differences.
As far as the .40S&W chart missing several of the more powerful defensive loads—let’s accept that it is. By the same token, we must admit, if we want to be fair, that there are a lot of really hot 10mm loadings missing too.
As for the question about using WWB or American Eagle as an example of what a cartridge is capable of, it’s important to remember what the claim was. It wasn’t about what either cartridge was
capable of, it was a blanket assertion that
“Over half of all "10mm Auto" is loaded identically to .40 S&W.”.
In 2008, I did a survey of every single .40S&W and 10mm load I could find on the internet at the time. There was definitely overlap between the two cartridges, however it was absolutely clear that overall, the 10mm was pretty consistently loaded hotter than .40S&W. Here’s the data.
https://thefiringline.com/forums/showthread.php?t=304838
I’m not really interested in doing the survey again, but the information is out there for anyone who wants to make it a project. Clearly from what I found back then, and also from what I see at this point, the claim that “over half” of all 10mm loadings out there are identical to .40S&W will be difficult to defend. Is there performance overlap between the two cartridges? Certainly! But in general, if you look at the overall picture, 10mm tends to be loaded hotter than .40S&W.