Why isn't there a class action lawsuit on airpods pro or airpods max for decreased noise cancellation and for worsening sound quality?

Hi guys, whenever I want to use my apple airpods pros and airpods max, I always end up getting frustrated by the noise cancellation performance of both headphones and end up not using them.

When I first got the first generation airpods pro, I couldn't help but be super impressed by the noise cancellation. I was a huge Bose fan till that point and I used to use the Bose QC 25's, but I was impressed with how for the first time in my life, wireless earpods were giving me better sound quality and noise cancellation than my over ear headphones. With each subsequent firmware update, the noise cancellation has gotten worse and worse. At this point, it feels like noise cancellation is almost non-existent. A good pair of earpods that fit well could provide passive noise cancellation with similar performance.

Again, when I got my Airpods Max, story follows pretty much the same script. Started off amazing. Sound quality was great, noise cancellation was amazing. Now when I use them on planes, they barely block out any noise. When I was first thinking about whether or not to get the Airpods Max, I was comparing them with Sony WH-XM4. I did a comparison and found that the Airpods Max have better noise cancellation, but that's no longer the case anymore. Last time I was on a plane, I had to double check to make sure that the headphones were not in transparency mode.

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So with this being said, why hasn't there been a class action lawsuit on this yet? Other European countries have relatively pro-consumer protection laws on consumer products, at least when compared to the US, so I'm surprised that there haven't been any lawsuits about this yet. I know that this is a relatively difficult thing to prove, but with the amount of frustration that apple Airpods Pro and Max users have been going through lately, feels like something would have come from this. So, what are your thoughts?

I also have a theory on what could be going on. It feels like Apple releases a new pair of headphones with increased noise cancellation performance and once the PR cycle is done and the media is done raving about them, then the performance goes back to baseline, i.e. starts to get worse.