That's the most significant criticism of RFC 8297 (the 103 Early Hints response) from my cursory reading of the RFC. It should only be allowed when the client indicates that it can process 1xx responses. All other 1xx responses are like that AFAIK, e.g. 100 Continue is only sent when the client sets the "Expect: 100-continue" header. So a client that doesn't do that doesn't need to care about 100 Continue responses.