Most all stats are used as a disconnect so your reasoning would require an additional in site of disconnect to be compliant. Someone buying this unit as a replacement will not have that in their house and being a home owner may not be aware of this mistake. He/she may also buy this unit for a new installation not knowing of their mistake and the inspector will likely not remove the unit to see the mistake. I realize Lowes is not forbidden to sell this unit but should be made clear that this should not be sold as a replacement unit if the original is a 4 wire stat.
FYI, I am the original poster of this thread.