It is not. The belief that it does is just a comforting delusion people believe to avoid reality. Large companies often forgo fighting cases that will result in a Pyrrhic victory.
Also people already believe google (and every other company) eavesdrops on them, going to trail and winning the case people would not change that.
That doesn't answer my question. By their own statement they are concerned about the risks and uncertainty of litigation.
Again: If their products did not eavesdrop, precisely what risks and uncertainty are they afraid of?