Mine only come on if it's actually braking.
In other words, if it detected a vehicle ahead, and it gradually slows you down, the brake lights don't come on. (Same way they wouldn't if you just let off the throttle) However, if something pulls into your lane that's going a lot slower, meaning you are reducing your speed far faster, the lights come on.
I thought exactly this when I first had ACC. I wondered if my brake lights were coming on constantly, so I watched the reflection along a stretch of motorway. The lights only came on if it was an obvious decrease in speed. Anything gradual didn't light them up if that all makes sense.