Earlier quoted context omitted.
Not a lawyer, but I doubt it – otherwise you might have a case against Intel and AMD regarding Spectre and Meltdown? It might be a different story if the spec was intentionally violated, though (rather than incidentally, i.e. due to an idea that should have been transparent/indistinguishable externally but didn't work out).
"Oops we didn't mean to do that" isn't a defense from liability for product not doing what you told the purchaser it would. It's their responsibility to do develop the product correctly, do QA, and if a defect is found, advise customers or stop selling the defective goods. The greatest scam the computer industry pulled was convincing people that computers are magical, unpredictable devices that are too complex for th…
I do agree that there should be transparency, though: Label it “turbo mode”, add a big warning sticker (and ideally a way to opt out of it via software or hardware), but don’t just pretend to be able to have the cake and eat it too.