And if a company is large and low margin, they can do this too so nothing changes. A few companies will be out there promising things, like today, and maybe they can deliver and maybe you can sue them if they don't, like today.
Being able to actually get your money back... is another problem. But obviously a toothless regulation is toothless, and changes nothing, so its not a useful assumption to make
This is would be different than the current state of affairs because lying or overstating your security story would have direct, pre-committed, quantitative downside. This is contrast to the outcomes of a lawsuit which are expensive, highly variable, generally require proof of intent, and depend on demonstrating actual quantitative damages.
The decision to take on risk for the purpose of marketing is not at all palatable to decision makers. Why would you want to accept an increase in risk for an unknown-unknown?
Meanwhile, quantitative, money-linked claims about software security actually do happen in rare edge cases, already.
So, if a company is small and unable to afford any security, they can just set the number at $0 which means it is the customer's problem. However, if the company is big and people have security expectations, they would need to specify a reasonable number that would alleviate those concerns. As long as the number is clearly communicated and you are not allowed to fraudulently or misleadingly advertise a different number, then customer's would be able to make an informed decision with respect to the security level and liability they are accepting from their vendors.
Obviously there are some complexities with respect to properly communicating this information. For instance, for a consumer-facing company you would probably want a per-consumer number instead of an aggregate number. As an example, if Apple were to claim $300M for the iPhone, that might seem like a large number to an average person, but that would only amount to ~$1.50 per iPhone sold in a year. You also need to prevent misleading advertising that might attempt to divert from the quantitative liability they are actually accepting. However, the base scheme of mandatory labelling requirements along with opt-in liability should allow for a solution that is hard to bypass while being flexible enough to support both small and large businesses.