"We have always been in compliance with the guidelines, and we are asking apple and trying to figure out why we're somehow not in compliance" is a fair statement, and not at all BS.
to: "we've been getting away with it for a long time, so there's that"
Did you see the article on HN last weekend about Wifi routers? "I have a 1.3gbps wireless ac router...but only at the PHY layer, but only in an RF test lab, but only if the client is MU-MIMO enabled, but only if they talk on all 4 channels, but only if the signal connects at 100%, but only if your data is 10:1 compressible, but only if you have one client, " even after like 5 "but only if"'s , there was still this unexplained 20% discrepancy between the advertised "speed" and what the device was physically capable of. I'd love to hear their lawyer explain how thats not false advertising.
Man, do I dislike marketing speak. A "We knew we were non-compliant, but think the security benefits of quick bugfixes outweigh the disadvantages. We will work with apple to return to compliance." would've been honest, better and not bs.