It'll be hard to do because it's like the more restrictive gun laws. It'll never stick so they never take it though court, but they threaten it to get the conduct they want. OEMs have spent huge sums locking down computer systems "because emissions".

The EPA has a ton of ways to expensively scrutinize (heavy on the "screw") oems at their discretion so it doesn't really need to be a serious threat, just a warning.

Same dynamic as local business vs local code enforcers basically.