If the policy is to not release damaged cards, or to replace them if they are damaged, then buying the damaged card to have it replaced isn't a problem. A card damaged in production doesn't change because it is bought instead of opened up and found in a pack by someone else. Again, this is just my opinion. I know Topps doesn't share this opinion or they wouldn't have instituted the policy of wrapper/box/receipt along with damaged card.
My problem is proving it happened in production. After Topps gets the cards to their distributors/dealers, then what? If the distributor ships it out and the delivery driver tosses the case out of the truck, what did Topps do wrong? If the dealers 7 year old son brings his dad a box and trips, sending it flying, what did Topps do wrong? Missing foil, blank back, wrong back, sure, production issues. What if it gets to Target or Wal Mart and a pack searcher damages it and someone else buys it, puts it in their case for 10% BV because it is now creased, you buy it for $20, why does Topps owe you a $200 card when it left their property undamaged?
In addition, the sheer manpower it would take to make sure cards didn't get shipped out undamaged would lead to $15-20 packs of base Topps. You'd have to have people check the plates after every sheet rolled off, inspect every card as it left the press, got stamped with foil, got serial numbered, got cut from the sheet, decollated, placed into packs, inspect the packs as they got sealed, as they got put boxed, as the boxes got put in cases, as the cases got sealed, as they got stored, when they moved from storage to shipping, when they got loaded on the trucks, when they arrived at the destinations...