I didn't say it mentions theft, I said it encourages the misunderstanding. It DOES say "Only you can see where your AirTag is." which is certainly not true in this important context.
Corporations can, and should, be held responsible for widespread misunderstandings by their customers. That is why those noodle cups say "Do not microwave". It is not enough to just not have microwave instructions. Certainly not when they are sold from vending machines with a microwave next to them.
The anti-theft use is far too obvious for Apple not to actively warn people that it won't work. That fluffy fine print about "finds its way into your stuff" is not a warning.
Why? Is that a reasonable view of their customers needs? Is stalking really doing more damage than theft? Just because you can legalese your way out of it doesn't mean that it is right. Apple needs to look at these two situations objectively and see which one is really worse.
I don't think it is necessarily a widespread misunderstanding by Apple. In the original Keynote presentation where AirTags were introduced, the presentation was focused on finding misplaced items (keys, luggage, backpack) They also openly discuss that "AirTags are meant to track things, not people" and then they mention & explain the notifications, alerts if an unwanted AirTag is tracking you, security plans, etc.
This was part of the original introduction.
While a person can choose to use it for theft purposes (successfully or unsuccessfully), it was never "marketed" as such. When people have success at retrieving stolen goods, they'll post, promote & share their story...but results will vary.
AirTags can't detect whether a person is a thief or a stalker, so it will notify both.
Now, certain websites, influencers, etc. may pitch the usage for of AirTags for stolen stuff, but I don't think Apple is misleading consumers. Pretty sure business & legal & their lawyers made sure that all ads & promos never mentioned theft.