Are they really? TOCTOU is a trigger for race conditions, but I guess the result of the check is a cached value. Then again, the issue in TOCTOU is that the ”cached value” is not invalidated at all, or inadequately. It doesn’t really have anything to do with the invalidation mechanism, it is downstream from it.
I think it's sort of subjective. The fact that the invalidation mechanism doesn't extend further downstream is a problem with it, from my point of view, but maybe not yours. It's difficult to provide indisputable proofs of such value judgments.