No, the best solution is to not keep the problem a secret. Then to provide a toggle in the settings, even if they default it to on.
For the consumers that don't care, it would be exactly the same as the current situation; they'd never know and they'd get the throttle effect. But for the ones that do, they'd be aware of the situation, aware of what Apple is doing, and feel like they're still in control of the phone.
Apple is absolutely wrong here, they pushed an update onto people's phones that crippled the performance without telling anyone and the only "solution" is to buy a newer phone. I usually hate class action lawsuits, the lawyers walk away with millions while the plaintiffs walk away with coupons. But in this case I support the lawsuit, Apple needs to bleed a little here so they get the message.