Buyer beware isn't something we tolerate in any other industry. It shouldn't be tolerated in the games industry, much less defended like this.
Caveat emptor? Yes, it is a core principal of sales. Misrepresenting a product/service etc. is where the laws in most jurisdictions occur (outside of safety standards, defective items etc.).
If you order food from the same place and it comes with a turd in it each time, the fact you ordered again IS on you. 'Should' and 'Does' are different things. Cars should give way at a pedestrian crossing, doesn't mean you close your eyes and run out in front of traffic on one.
Accountability is with the people still purchasing these things. Get a refund if its defective, many platforms such as steam & even playstation frequently allow these. Throwing your hands up and saying 'thats not fair someone should do something' isn't going to change anything. The reason it exists in games is because in any other industry the perpetrator would go bankrupt, something slowly coming to fruition in games. People have finally wised up & actually think before buying.
Its not hard to NOT preorder crap and wait for a review. Or, understand it is a risk that may not pay off. I purchased an early access game recently (manorlords) because I wanted to give money to help the project. Doesn't mean I expect it to be perfect, as far as I am concerned it was a donation with an added bonus.