In general, they hold that criminalising loot boxes as a form of gambling “will have an impermissible chilling effect on protected videogame design”, creating a risk of liability for people who stream about lootboxes together with people who sell analogous products, like the aforesaid packets of baseball cards.

I’m failing to see the problem here. Baseball cards, randomized “blind boxes” and packs are all gambling aimed at kids. If we “chill” that sort of speech (and commercial speech has long received less protection) that’s a good thing.