Well it's not like Android phones advertise "comes with malware direct from Google Play store" and "malware can run your phone so hard it will deform, catch fire, or explode"
Because it is not a "feature". It is a band-aid for a design defect in the affected iPhone models, advertising it as a feature would only draw attention to those design defects.
It's not a design defect. It is intentionally designed this way - as thin and light as possible with a battery that's only sufficiently powerful for the first month.
I would say it is quite cagey. I'd argue if your specs page says phone has 1.8GHz processor, it must deliver 1.8GHz otherwise it is faulty. If it does not live up to specs, and you (Apple) know about it, it is direct deception of the customer. I'd bet 100% court case victory for any complaining customer.
