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Yes, that's true and I do know that, but the reason I bought a Nexus device and not the better Galaxy was vanilla android. I'd rather stay away from a ROM.

Although Google is getting on my nerves lately so I've been thinking of switching anyway.

You don't need a custom ROM. There's an Xposed plugin to do it. One of the first things I installed on my Moto X (2013)!

No shit.

This should be a disclaimer when buying the phone then.

Iphone does the same thing when the media volume is set above the "safe" limit. It's a regulatory requirement not some Android bug.

From where did you get that regulatory requirement information?

"Now all personal music players sold in the EU after February 2013 are expected to have a default sound limit of 85dB.

The user can choose to override the limit so that the sound level can be increased up to maximum 100dB. If the user overrides the limit, warnings about the risks must be repeated every 20 hours of listening time. "

via http://www.bbc.com/news/health-21294537

The "repeated every 20 hours" would explain why OP was seeing the warning seemingly randomly.

No, it doesn't.