really it's an OF issue. They are trying to sell what appears to be a sex scene. If you read the small print of the introduction it may say, they don't do explicit. Then they post what looks like a sex scene in the hopes that you buy into that. Notice they don't put anything in the advertisement for the scene or the post for it that 'there's no penetration', 'it's not explicit', 'no actual sex acts will be scene', etc. They just put it out there and show you what looks like sex in the hopes that you'll buy it thinking you're going to see something explicit because that's what it looks like. then you buy it and if you spread word that the video is not explicit someone will say 'well you didn't read their introduction'.
If they were honest upstanding individuals then they would include a statement in the advertising of the vid that simply states, not XXX, not explicit, etc. They don't. Hard to defend them without sounding like one of their promoters who just wants it to continue.