The point of all cases where manufacturer is sued for Meltdown and Spectre is that the manufacturer has been selling known faulty devices without telling the public about it.
If a manufacturer is knowingly selling faulty goods without telling the customers about the faults, it deserves to get sued. It really does not matter for the customer why the good were faulty - the manufacturer is still the responsive party.
Probably
all complex high-tech products are "faulty" - CPU errata, software patches for partly hardware problems not long after product release (usually with a small performance loss), etc. Given the lead time for manufacture at scale, it's virtually certain that problems will be discovered between design finalization and product release; but as long as software workarounds (even if not perfect) are possible, it doesn't seem to cause millions of items in initial inventory to be scrapped, nor even release to be delayed until all known issues are somewhat addressed. There always has to be a "good-enough" point, where anything not a total show-stopper is not allowed to further delay release. And while eventual disclosure of security faults is very desirable, immediate widespread disclosure, giving those with malice the same amount of time to explore as those developing countermeasures, is probably
not desirable.
Heck, even low-tech products can have faults that leave some risk on the consumer as to suitability. Tangerines and radishes may have flavor varying from bland to intense, with no visible indication; a portion of lumber will contain hidden flaws, etc. This is known in advance, perhaps not for any individual item, but to be a typical property of the type of item, where some cost for trial and error will be born by the consumer that expects the highest quality.
At some point, the customer is not merely the recipient of a product, but the final stage of testing; in a sense, the very design isn't truly final until
after enough millions are using the product to be clear about what known issues are
not good enough.
That doesn't mean all faults are excusable! But certainly for computing devices, the cost of patch deployment and a small (say usually less than 10%) performance hit can almost be expected by any reasonable consumer. Unless the product controls a nuclear reactor, a life-essential medical device, a vehicle, or something incredibly expensive to replace like a spacecraft (and even those aren't perfect!), nobody would be willing to pay for the cost of a product with no undisclosed faults at release time. For all that people do need to be aware enough to not neglect keeping up with patches, Meltdown and Spectre are IMO minor compared to some 90's era bugs that could cause errors (FDIV) or crashes (F00F), and which were severe enough to result in some degree of CPU replacement (not a viable option on small portable devices with non-socketed CPUs).