It's entirely his fault for not being a multi-billion dollar company which actively invests in better ratings. In capitalism, there is no fairness - there is only money.
This reminds me of the documentary “This film is not yet rated”. The point was that the MPAA gives way more leniency to big budget studios when giving ratings. The net effect of this is it kills the low budget films before they can be released.
And that's honestly exactly what I would expect. It's not suitable for a 4yo, but there's nothing in it to warrant a teen rating either. So yeah, E with a note sounds exactly right.
Sure if we were talking about a reasonable, independent ratings agency with the public good as its primary guiding factor. But both the ESRB and PEGI are private, industry run and funded ‘self-regulatory’ agencies that operate with the industries own self interests as its primary guiding factor.