Not waving, but choking. Many comments seem to be cutting more slack to this announcement than perhaps they would for other companies' products.
Nest says they discovered this for themselves, which indicates that there is some measurable effect and it came up on post-release testing, months after release. Even though some people had been discussing a potential for exactly this scenario when the product features were first announced.
Given this not unexpected error condition, Nest really should have run those same tests before releasing a product whose sole function is safety.