The problem is if Apple isn't called to the carpet to fix the problems, the phones basically get shuffled back to Apple, wiped clean, put in a white box, a REFURBISHED sticker applied to the box, and it gets sold to another person that'll most likely notice "Oh crap, I got one of those funky defective ones" and they'll return it, repeat the cycle over and over.
Apple needs to address the issue and admit there's a problem. Doing that alone - just making an official statement that the phone has a problem (they don't even need to say they're going to fix it, honestly, just admit it's borked) would do wonders for their reputation which right now is NOT good because of such deceptive tactics.
Fess up, fix it, move on. People care more about honesty than being screwed over - they'll happily get pooched numerous times and accept is as long as whoever is doing the pooching admits it openly.
Not a big believer in word-of-mouth market forces, eh?
There is no way a company would survive by ignoring customer dissatisfaction. They'd also have a hard time selling products if they made public statements about the flaws in their products, especially if they haven't necessarily identified exactly what causes the flaws.