In this particular case, it’s not on the publisher. The switch is an old console, and there’s only so much they can do with the hardware. It’s not a particularly big surprise to anybody familiar with the technology.
Why SHOULDN’T we hold consumers to task for their bad decisions? They are arguably making things worse for the rest of us, by repeatedly rewarding bad behaviour from companies. There is no good reason for them to preorder, they just had to be the first instead of waiting a day for reviews to appear. Well, if you’re going to be impatient, guess what? The risk is on you.