This is also one of the many cases of Apple not following their own guidelines. They suggested that Touch Bar items should act statically like keyboard keys and not be used to display status, etc. (In reality, plenty were abused for that, I guess the allure of a dynamic colorful display was too great.)
So in this case, all they had to do was make it key-like and it wouldn’t have had any of the features that could trigger this problem.
So in this case, all they had to do was make it key-like and it wouldn’t have had any of the features that could trigger this problem.