There's nothing against it since you could also make the claim that they are "aux driving" lights as opposed to "fog" which would be listed as yellow in the various DMV/DOT specs. Non-road legal driving lamps are like those mounted on a light bar over the top of a pickup cab, and yes occasionally you'll find a municipality or county that engages in policing for profit (car came with yellow now they're white or vice versa which means you have a modified headlamp system, so you get a ticket for illegal equipment).
Biggest thing is that most states have a law on the books that you can't have high beams and fog/driving lamps on at the same time, and most of the cops don't know what section its in so very few folks that have enabled "Bambi mode" in ForScan ever get ticketed for it.