It's abusing the standard, which can break compliant implementations.
Especially bad since most Audio CD players are opaque hardware without update-able firmware.
Has this been shown to be actually-problematic in the three decades since Willy Nelson's album contained a song in the pregap of track 1?
of course not.
Yes, there's been a serious issue recently reported. Apparently, it has triggered bureaucrats on the internet who can't acknowledge something innocuous that's never caused any problem for decades.