Of course.
Suspect it would be relatively straight forward to source examples of this failure which would go some way to moving such an investigation safely away from unsupported hypothesis.
Also such an investigation wouldn’t need to draw conclusions (their lawyers would be all over what could/couldn't be said etc), it would simply need to point to example cases and put reasonable questions to the manufacturer in the public domain that push on the issue. That’s broadly the nature of such consumer watchdog investigations from what I have seen over the years.
You seem very keen to highlight the legal dimensions here, when that’s not the only way to solicit a more customer orientated response from the manufacturer for those impacted by this particular issue.
Wondering if you work in said manufacturers PR/legal dep.
Either way thanks for your legal points - no further guidance required.