The big question is, what happens when the manufacturer claims it can survive a reasonable number of cycles, then it turns out it can't. By the time this becomes obvious, the phones will be out of warranty.

Will the manufacturer simply be prohibited from selling those phones (which are probably no longer sold by that time anyways), will they be fined a "cost of doing business" level fine, or will customers have an actual remedy (e.g. full refund even after the 2 year warranty period)?