It's not insurmountable. Spam filters have been around for decades. They're pretty good. If I didn't expect the email, I train my spam filter that it's a bad email. There are a few that get through, maybe 1-5 a week, which require flagging.
The checkboxes seem to be a placebo. Sometimes there isn't one. Sometimes it doesn't do anything. Sometimes they say "updates on your order", which apparently also means future products you might want to buy a week after you receive your order. (Marketers' English seems like a foreign language to me).