Ah, I misunderstood the point you were making, I apologize for my assumptions.
Much as I hate ads (and especially targeted ads which involve datamining by corporations), I’m still not convinced this is something that can win in court, but I do see the distinction you are drawing.
There have been numerous studies debunking links between violent video games and violence. This is the 80’s Satanic Panic all over again with a different wrapper and target.
400 police failed them, not activision. Then they voted for the same leadership at the next election. It’s like everyone from the first responders onward just takes turns reacting to this shooting in head scratching ways.
They voted back in all the same leadership at an election not long after. Having made that decision, I find this to be less surprising than it might have been.