I don't think you would be putting somebody's life in danger, but it would be very reasonable to inform a subsequent purchaser of what you had used on the vehicle. If you want, you could put a label near the fluid reservoir. You could put it in the service records, but that doesn't often transfer with the vehicle.

Color coding is used for everything from IV solutions to plumbing. It isn't the be all end all, and we can say someone should read the fine print and not trust the colour coding, but the colour is there for a reason. Purposely confusing it seems like bad practice. If it is important to have two colours, they could sell clear and amber, and be legal. They could make it pink, I presume. But they chose a colour associated with a fluid used for race vehicles. That is what creates the confusion, home mechanics who think anything that says super race on it is a good idea for their street car.

When I was working in a shop, finding a fluid in a customer's vehicle that wasn't the correct colour would result in a call to the owner, to ask what was in the system. We didn't want the risk of mixing incompatible fluids.

DOT doesn't tend to enforce their regulations unless there is a complaint, or accident investigation, IMO. It seems that ATE was able to sell Super Blue for years. Something changed that.

__________________
2007 X3 3.0si, 6 MT, Premium, White

Retired:
2008 535i, 6 MT, M Sport, Premium, Space Grey
2003 X5 3.0 Steptronic, Premium, Titanium Silver
2002 325xi 5 MT, Steel Grey
2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue