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regarding the marketing of the product or the functionality of the product?

The marketing, to which Google is going to obviously and correctly respond that:

• A reasonable consumer would not expect that “ad-free” means that creator-submitted sponsored material is not present in the videos, descriptions, etc., which they create.
• There’s a “Restrictions Apply” link taking you to the ToS, which itself in the “Advertising” section prominently – literally the first word – links directly to a FAQ stating that YouTube Premium has nothing at all to do with blocking sponsored content.
• That is to say that the terms and FAQ clarify what a reasonable consumer would already assume.

I’ll repeat what I think you already saw in another comment: I’d love to have it shoved in my face when a judge or jury actually buys this (I’d assume plaintiffs would request a jury and the defendants would not) and Flemming et al. see a dime.

regarding the marketing of the product or the functionality of the product?

The marketing, to which Google is going to obviously and correctly respond that:

• A reasonable consumer would not expect that “ad-free” means that creator-submitted sponsored material is not present in the videos, descriptions, etc., which they create.
• There’s a “Restrictions Apply” link taking you to the ToS, which itself in the “Advertising” section prominently – literally the first word – links directly to a FAQ stating that YouTube Premium has nothing at all to do with blocking sponsored content.
• That is to say that the terms and FAQ clarify what a reasonable consumer would already assume.

I’ll repeat what I think you already saw in another comment: I’d love to have it shoved in my face when a judge or jury actually buy this (I’d assume plaintiffs would request a jury and the defendants would not) and Flemming et al. see a dime.

regarding the marketing of the product or the functionality of the product?

The marketing, to which Google is going to obviously and correctly respond that:

• A reasonable consumer would not expect that “ad-free” means that creator-submitted sponsored material is not present in the videos, descriptions, etc., which they create.
• There’s a “Restrictions Apply” link taking you to the ToS, which itself in the “Advertising” section prominently – literally the first word – links directly to a FAQ stating that YouTube Premium has nothing at all to do with blocking sponsored content.

I’ll repeat what I think you already saw in another comment: I’d love to have it shoved in my face when a judge or jury actually buy this (I’d assume plaintiffs would request a jury and the defendants would not) and Flemming et al. see a dime.