The expanded warning was recently added to Chrome Canary, a nightly build for developers. The warning appears to directly address one of the lawsuit's complaints, that the Incognito mode's warning doesn't make it clear that Google collects data from users of the private mode.
The new warning seen in Chrome Canary when you open an incognito window says: 'You've gone Incognito. Others who use this device won't see your activity, so you can browse more privately. This won't change how data is collected by websites you visit and the services they use, including Google.' The wording could be interpreted to refer to Google websites and third-party websites, including third-party websites that rely on Google ad services.
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