Yes, as stated in the original post, this applies to non-backer orders.
However, an interesting point is it does apply to subscription orders by backers that are still waiting on the backer order to arrive. As the order timeline was given as 10-12 weeks for non-backer orders, that all backer orders would be fulfilled before non-backer orders, and that all reorders are to ship within 2 weeks of the shipment of the first order, then it follows that all subscription orders that have been placed by backers have an official max timeline of 12-14 weeks.
Here are the penalties for anyone that doesn’t feel like reading the FTC document:
Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation (any time during the five years preceding the filing of the complaint), and consumer redress (any time during the three years preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer protection laws
It wouldn’t be the maximum penalty, as injunctive relief is equitable. There would be some fine assessed that a judge felt appropriate for the delay and failure to follow the rule though. It would certainly go up if discovery provided evidence that Rosa Labs staff was aware of the violation but chose to continue down that path in the interest of profit.
And considering how new this whole backer thing is, if an actual lawsuit occurred, I would be surprised if the FTC lawyers did not delve into the legal grey area of crowdfunding in an attempt to set a precedent, especially in the case of crowdfunding done by large, well funded organizations.