Some "innovation" is a waste of resources. Specifically, the innovation required to work around broken policy.
VPNs do not solve this problem.
The bet is ISPs would be very comfortable throttling traffic, as long as whitelisted services were not affected. (They see this as a revenue generator, because they can sell fast-lane access to companies who don't want their customers' bandwidth throttled.) ISPs that go this route will likely offer a (consumer-paid) option to allow VPN traffic to use the fast lane.
What are you going to do if you don't like it? Switch providers?
They aren't going to let such am easy work around get in their way.