Mozilla isn't getting sued for the failings of Firefox's private mode because Mozilla doesn't operate a surveillance system that exploits those failings, and Facebook isn't getting sued for their exploitative surveillance because they aren't offering a product that claims to protect you.
The current result only makes sense if you appreciate how the technical details work together, and view Chrome and Analytics as independent entities - like if you're involved in tech. Take a step back and look at the high level combination of the two as one offering - Google offers to make you "incognito" and then actually does the exact opposite behind the scenes.
And like it or not the non jargonated users outnumber the jargon filled by many orders of magnitude, and they don't tend to react favorably when people talk out both sides of their mouth unless there id's something even more dire at stake.
Assuming someone hasn't installed a key logger or OS tracker :(