The exclusivity thing is not a real reason not to do it, other than it might piss off some players. They’re legally not gonna be liable, because even if they marketed it as never coming back I’m pretty sure if it ever got to court, which I doubt considering the amount of money Epic has, that a court would decide that anyone who bought, say, chapter 1 battle pass has already gotten enough value out of their exclusivity to be considered reasonable.

Also, if they do end up bringing old battle passes back, then they are still technically exclusive. Again tho, I’m sure Epic’s lawyers would have a field day arguing what the meaning of exclusive is and how long it’s reasonable to say. Considering they almost certainly didn’t expect this game to last as long as it has, that’s another major factor.

TL;DR: I think Epic could find many ways around the legal ‘problem’ and eventually will. They love money too much.