This sounds like a place where NFPA and the NRTL need to get on the same page. I suppose nothing will happen until we see some tombstones. I usually see this with "garage refrigerators". They trip the GFCI because there are internal shorts in the compressor but it is usually not enough to trip a regular breaker. It is pretty easy to see if you put a scope with a current probe on the EGC from the fridge. I did this to settle an argument with a neighbor. He said "OK you win, but it still works on a regular breaker and I am going with it".
It will also work if you break off the ground pin on the plug cap but that can be a shocking experience.
