States have argued successfully to tax cross state commerce. That’s why you get charged local sales tax even when ordering from a company that does not have a presence in your state. I don’t see this as any different, but someone will need to go first to set the precedent.

This is the FTC’s rule, but nothing prevents each and every state from implementing a law to do the exact same thing, except slightly differently than every other state, making it extremely costly for the companies to implement.