I agree, and this has been my experience so far - see my post in the general hardware forum about my E8400. The base of the heatsink is cold to the touch, but the cores are reporting ~43°C at idle. I'll be monitoring the situation with these chips closely, as to whether there is a fault with the temperature reporting diodes in them. A fault in the temperature sensors is still a fault, even if the readings are within Intel's spec.
My other concern is about 14 or 28 day limitations on faults/returns etc with Scan, as obviously sometimes it takes longer to establish whether or not an item has a fault (eg. I can't say for sure about mine because I'm waiting for Abit to provide a final, stable BIOS that can read the Tcase sensor, until then I'm going off the DTS readings which aren't supported or referenced by Intel).