My iPod was caseless in my pocket for a couple weeks before my PodSleevz arrived. A year later and it's still nearly scratchless. And made of the same material, according to Apple, as the nano.
I see three possibilities here:
1. Apple knowingly used a DIFFERENT material from past iPods, and then LIED and said it was the SAME. In which case, they should be sued (for a refund at least, and to punish the behavior). This strikes me as unlikely.
or
2. It IS the same material. Apple can EASILY prove that. End of case. Yes, plastic can scratch. Nice try. This means that some USERS are lying about how they treated their nanos. "I scratched it with a gentle touch of my clean finger, and now you can't even read the screen." There may be some of this at work.
or
3. Apple has been TOLD the material is the same, but the manufacturing contractor is doing the lying--or making a genuine mistake even THEY haven't caught yet--and is actually using a different material. Then Apple might be sued, but could in turn seek recompense from company that carried out the fraud or made the mistake. (Or, upon discovering this, the parties involved could make KNOWN what has been discovered, and make things right out of court.)
#3 is the option that doesn't involve anyone being dishonest, so I tend to hope for that.
In addition, if the material IS different, knowingly or not, then it might affect only SOME Nanos. A "bad batch." If that's the case, then I expect the issue to be discovered and a statement to be made by Apple.