Not sure. The EU legal systems are different to the US. You can’t just sue for millions of damges willy nilly you’d need to display how you’ve been out of pocket by some value and then sue for that. This kind of thing is very hard to put a finger on, also if apple update and/or recall the devices there is nothing to be wronged for (assuming they give refunds, updates, replacements).

I’m assuming in the US you can just sue apple for the fact it was above the limit and gain damages even when it’s had no measurable impact on you?

Sure, you can sue for damages which is…

*checks notes*

Nothing apparently, this is completely safe.