Interesting to see the close vote!
I think brands have to push back with criticized. To me, BP makes a fairly good case. At the very least, BP creates some doubt about the situation. The company also has little to lose. A bit like the Monty Python skit about the man being stoned: "Worse, how could it be any worse? I'm about to be stoned!"
I'm not sure who is more to blame on this one: the lawyers or BP. That is a step forward for BP.