I think their disclosure is very misleading. The disclosure sounds more like "we can't prevent other people from tracking you, but we're doing our best to stop it". What they should say is "Google will still track you. Other websites may still track you."

Saying specifically that Google will track you isn't true either - it doesn't track you and associate the incognito session with your existing ad profiles, it tracks a new identity with its own interests. Google shouldn't have to specifically list itself when it behaves the same as other third-party analytics services or ad networks.

Why do you say it is carefully worded? It seems like a basic description of how the internet and how browsers work.

Exactly. Many people (like the judge in this case, clearly) have a dream about how they think it works. But if they just read what the text said, it's very clear.

They've changed the wording a few times, but as far back as I can find screenshots, it's always said that websites can still track you.