Business and GMRS compatible simultaneously?

While this is not a solution to the problem it does raise an interesting question. If the FCC doesn’t allow both a Part 90 and Part 95 radio why then can you still purchase a Motorola CP100 UHF unit that has access to both BRS and GMRS frequencies? (Example: 464.5500 (BRS) and 462.5750 (GMRS) ).

What this ruling passed after the radios were made? I’m just curious, perhaps someone can shed some light on this?

Edit: For those who are not familiar with the Motorola CP100 that series can be programmed by the end user to use pre-defined frequencies. So technically speaking the user could get the 15 channel model and assign the first space a BRS frequency and the second channel space a GMRS frequency accomplishing the task of having the BRS/GMRS option. I do think these radios were limited to 2 watt however.