And if there's a real world case where it fails and results in damages do we really think that VW would just skate on by with the equivalent of something like "oh well, we don't guarantee that it would work"? Much less important and less guaranteed things about essentially estimated fuel efficiency have gotten them in much bigger trouble.
Dont all companies "skate" when it comes to assuming financial responsibility for something ineffective they put out?
In this case Apple never promised to cover any such damages or liability. If it was falsely assumed by consumers that's on them.