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Honestly, I'd be surprised. Fighting the EU on technicalities when the intention here is so clear is going to be hard work! To even get close to a good case, they'd have to change all the marketing for the device to show it's clearly being intended as a primarily water-use product. The words "primarily" and "regularly" in there aren't just decorative, they'd really have to demonstrate that to make it stick! Seems to have more downside than just making the battery removable in the first place.
The full quote also has this bit:
Since real phones do already exist that are both waterproof and have removable batteries, I think it's very hard to plausibly say "it's impossible to design this in a way the user can safely remove the battery".
Of course, to know for sure we'll both just have to wait and see ๐