It would be extremely rare, and perhaps a problem with packaging more than a manufacturing defect. Or storage. Or handling.
Flex track is often designed to lighten the gauge a bit on curves. It stands to reason because the one rail slides, or in some cases, both rails slide. In order for them to slide, there must be a tolerance adjustment in the spikehead details. Even so, I have never found the rails more widely spaced on curves outside of the NMRA gauges than perhaps a fraction of a mm, not enough to derail anything except cars whose wheels are actually a fair bit tight on the same gauge.
More often than not, a derailment on a curve with carefully handled flex and on cars and locomotives whose wheels are NMRA RP25 compliant, and themselves in gauge, comes from rail-head heights not flush across from each other on a curve. What I mean is that most often it isn't so much a mismatch with gauges, wheel and rail, but a problem with keeping the rails at about the same height transversely from each other. Outside of super-elevation, the rails across from each other have to match if you were to place a straightedge along both rails. A dip in the outside rail makes all bets off, and it is especially bad with every new longish car or locomotive you get.
The NMRA gauge may show your flex is wide, but my point in all of this is: what is 'wide' with modern HO and typical tire widths and tolerances? You should be able to have as much as a full mm wide in some places, certainly on a tangent, and have almost no derailments ever. Curves are different, but the point where the gauge notch just fails to clear is not the point where you should be getting derailments. Half a mil outside of that, probably.
Do many items derail there, or just one or two? If so, consider widening their wheelsets about half a hair. T'will make a world of difference.