Nope, it's a foul, but many people ignore this foul on the break and just let the shooter try again. Missing the stack on the break totally, miscuing, double-hit, many people just ignore those on the break. So yes it's a foul, but it's a foul that a lot of people in friendly tournaments just ignore. If you are in a money match or in some "real" tournament vs a local weekly with players you know, then call the foul and take the break. Technically you would have ball in hand but most again take it as a break shot. I've seen it happen in 9 ball where the guy fouled on the break and they were 3-fouled by playing off the 1 thin and playing safe.