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It's funny because Toht is the very essence of an SS officer based on look and what i remember of the movie (which is not much sadly). So on the one hand they have a Toht figure and on the other an explanation of how they won't do nazi figures.
Actually it was pretty clear to me, but the best explaination is in how they said "All political influences have been removed." In other words look at Last Crusade and notice that while the figure has the Red armband there is no Swastica (sp?)
The point being that yes we know what they are, they made great bad guys. But that doesn't mean you go and make a figure of Rommel and Hitler (who both were never in any of the films) any more than you would make Stalin for the new film.
Its a very fine line, but one I think can be handled and no new ground is being pushed here (Plenty of historical lines at this point have delt with this).
Plus I never remeber felling Toht was an SS officer, he was more of a genaric bad guy (He definatly didn't wear anything to indicate any differently, In fact he was Asian, but with a german accent, kind of cool really).
So in summation, they explained it, a thin line, but one that is easily understandable. I think it works, so don't freak.