While it would be good if malloc(0) always returned a pointer, you can't rely on malloc(0) returning NULL just for errors. There's not even a guarantee that malloc(0) does the same thing every time.
Note that "returning a pointer to the byte after the internal malloc header" means that malloc(0) == malloc(0), breaking the unique pointer guarantee unless malloc(0) actually causes an allocation.
However, allocating in malloc(0) means that while(1) malloc(0); can cause a segfault, which would be a surprising thing.