I'm not sure how it could be confusing,
I tend to agree. The flashing occurs at the beginning and then stays on. By the time someone starts
actively looking at it, it is likely to be a steady light. Once they get to consciously realise that it's a brake light, then if it repeats the behaviour, it won't be so much of a surprise.
I see them all over and they're certainly eye catching.
That's the point. Something that is changing in your field of view will get your attention. A single change like a light coming on might get missed if you blink - but flashing a few times is much more noticeable. Unless you notice a change, you might not see the light at all.
A comparison situation is one that has happened to me once or twice whilst driving at night. I will be driving towards a set of traffic lights that are green and I may have glanced in my rear view mirror, across at another vehicle or some other potential hazard and when my eyes return to the road ahead, the lights have changed to amber in that fraction of a second. The amber traffic lights then disappear into the field of sodium vapour street lights and become one group. I then have to realise this before I can react. This doesn't take long - but it
does take time. SEEING the
change from green to amber provides instant understanding.
The problem I see is that in the US anyway they are illegal and that means if you do get in an accident it could cause big headaches if an insurance adjuster notices you have it. Their whole job essentially is to find loopholes to weasel out of paying your claim.
Legal requirements for vehicles, including lighting, are to ensure things perform to a minimum set standard. To have things certified as doing so requires some hoops to be jumped through and that can take time and money that only a serious local seller would bother doing if they wanted a marketing advantage. Correct me if I'm wrong - but the onus for legality doesn't lie with the person who sells such after market products, but with those who use it.
One consequence can be that you may have a product that will exceed the required standards - but if it hasn't been granted formal certification, then you could be in for some trouble of one sort or another. Insurance adjusters are one potential source.