Relying on an implementation detail of the cpuid instruction seems like a very bad idea. It'd be safer, I think, and just as fast, to initially use the atomic version of the code, then NOP out the LOCK prefix once initialization is complete.
It would be a bad idea for you or I, but for Apple there's no problem. If Intel ever ships a CPU that needs something else, then Apple can update their code for the OS release that goes out on the corresponding Macs.