Do you think it was Stupid/Hypocritical for SOA to not include the SOR trilogy in Sonic Gems Collection because of ESRB reasons? I ask, because originally Shadow the Hedgehog was going to be rated T, but edited down to an E10 rating at the last minute because a T rated Sonic game would not sell?
From a consumer standpoint it was disappointing, but I don't think it was stupid or hypocritical. It all boils down to marketing.
In Japan, the Sonic Gems collection (and Sega collections in general) are marketed to more general Sega fans. In North America, they are marketed primarily towards kids, or casual Genesis fans, who are familiar with Sonic. You can see this with how they put Sonic front and center in that PS3/Xbox 360 Genesis compilation. If they view the Sonic Gems collection as being marketed towards kids, then it doesn't make much sense to increase the ESRB rating for games that are, technically, just hidden bonuses. On the other hand, Shadow the Hedgehog was specifically aiming for a (very) slightly older audience, so the increase in an ESRB rating was acceptable.
In Japan, the Sonic Gems collection (and Sega collections in general) are marketed to more general Sega fans. In North America, they are marketed primarily towards kids, or casual Genesis fans, who are familiar with Sonic. You can see this with how they put Sonic front and center in that PS3/Xbox 360 Genesis compilation. If they view the Sonic Gems collection as being marketed towards kids, then it doesn't make much sense to increase the ESRB rating for games that are, technically, just hidden bonuses. On the other hand, Shadow the Hedgehog was specifically aiming for a (very) slightly older audience, so the increase in an ESRB rating was acceptable.