There is still a difference.
When Rash had his dust up on TV, multiple Purple Hammers had previously tested and failed exam, and yet the USBC/PBA both allowed use of the ball to continue.
At the same time, not a single Spectre had failed exam, so how would anyone know?
There is a difference between using a ball that others used and have been known to not pass and continue to use versus a ball that never had failed before.
Now if Rash were to use the Spectre in something (how could he because its banned) then yes, now you have the same scenario because he now knows it has failed.