You can see in the photos posted by miro13car that the wrinkles are like blood veins, not straight as would be produced by a fold. I think everyone would agree that a cell that has been folded will almost certainly be significantly damaged.
If minor wrinkles do not affect cell performance then it is not false advertising if there is some insignificant cosmetic difference between the picture on the website and the product you receieve. You buy cells based on an electrical specification, not a cosmetic one. Would you also be up in arms if you received cells where the pouches were a slightly different shade of grey to the website photo? Do you realise that every cell made is a slightly different physical size?
Would you sue mcDonalds because the lettuce in the burger you buy isn't arranged just like the one in the photo above the counter?
It seems like there's a lot of hand-bagging of A123 going on here considering the reputation of their products, the personal attention miro13car has received in resolving this issue, and that A123 has offered to replace all the cells and carry out an investigation on those returned. If someone expects much more than that I have to wonder if they live in the real world.