Hi ThomK,
Thank you for reaching out to Microsoft Community.
Thank you reporting this concern you have with the Surface Earbuds. I'll try to raise this internally and will get back to you as soon as we have some feedback. For now, please make sure if the Surface Earbuds is up to date including its case. You may check this page for the steps to Update Surface Earbuds.
Kind Regards,
Marrion Y.