This was an oversight by me in a recent update - however -I've resolved it and with any luck made the statement even more visible for the users/anyone who does an update.
Re:Want to spell check? Read the fine print
by vmateixeira on Tuesday May 31, 2016 @07:05AM
(#11805836)
They reverted it 'by mistake'.
PR https://github.com/Microsoft/vscode-spell-check/pull/30
But it seems this was reverted in a more recent commit.
#letTheConspiracyTheoriesBegin