<tinfoil hat on>But this is only as long as you actually can verify or trust that the switch is actually a switch and not a device that pretends to be one. A transparent casing where one can visibly confirm the actuator operation is a good idea.</tinfoil hat off>
It's mostly just a fiendishly annoying effect in high-sensitivity test equipment.
If Amazon advertised it as a physical switch, and it was not, that is fraud and actionable.
A physical switch is still a technically a physical switch, even if it's not connected to anything. It would come down to how they are describing what it does, and what guarantees they make (or not.) Do they have any, or is this discussion entirely hypothetical?
The switch doesn't need to be part of the main board --- it could be located next to the mic, so it's trivial for anyone with even the most basic electronics knowledge to see that it does what it says it does.