Yes, this isn't great. I find I have to press the button about half a second to reliably turn them on (and then there is another delay until the LED lights up and the sound plays). But if you keep it pressed just a little bit too long, the earphones go into pairing mode. They should extend the time for pairing to 5s or something, and shorten the time for turning them on. Perhaps they could do it via a firmware update?
Yes happens to me especially when I'm trying to turn them on to answer a call. Very frustrating when it goes into pairing mode and I have to turn them off and back on.