Unfortunately this is what I have been saying since day1 of consumer NANDs.
It is not a block device, it is a a storage unit. Similar to GPU is not a Graphical output.
Since the new internals still match the marketing you are not entitled to anything and it is not really a bait and switch. If I go back to the analogy to GPUs, it is like boost clocks - not governed by NV even when everybody needs them.
It took HDDs a long time to be consistent enough block device and I have been running a suit on each one and return any under-performing ones. This was 15 years ago - that is why the Western Digital scandal reaches majortech news.
It will take multiple events like the Kingston 400 and SX8200 to even start a process of change.
There is no suite popular enough to dictate performance and people trust BS like CDD.