This is understandable, though it shows a lack of legal understanding which could be worrying from a legal team, as there was a lot of scare-mongering when cookie-and-other-tracking legislation was a significant talking point.

Also, largely due to the same anti-anti-tracking voices making spurious claims of what would happen, some put the warning up not because they think they need to, but to avoid having to argue that they don't need to if a complaint is made.

It might be just them refusing to look into it and covering their asses, because they don't care if there is an unnecessary cookie banner.

But to be fair the stories I have heard were something along the lines of: a freelancer making a website for a local restaurant and being unable to convince the restaurant owner, because the owner's nephew said that the cookie banner must be there.