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.
Then they should be open about this before and during release.
Why SHOULDN’T we hold consumers to task for their bad decisions?
Because it doesn’t work. One side of the equation spends lots of money to make sure as many consumers as possible make bad decisions, because it makes them even more money. You can’t fix this only by changing the other side.