The op link hit a paywall for me, this one is working:

https://web.archive.org/web/20240401221646/https://www.wired.com/story/google-chrome-incognito-mode-data-deletion-settlement/

the company will now pay “zero” dollars as part of the settlement after earlier facing a $5 billion penalty.

I guess they would call that a win

Pretty sure it’s always been upfront with that it still tracks you? I always thought of it as a “don’t store history and cookies locally” thing and nothing more. Maybe I read that disclaimer with more cynicism than most?