The same fringe legal theory that is likely to win in the Chevron Deference case[0] before the Supreme court, which will gut agencies (including the FTCs) ability to regulate things in this manner?
Not even remotely the same legal theory; the theory there is that the courts should be able to review regulations the agencies make for e.g. if there were less burdensome ways to accomplish the same goal even when the regulations themselves are "reasonable"
[0]: https://www.scotusblog.com/2024/01/supreme-court-likely-to-d...