Whereas boutique shops have a lot more freedom because they're selling to self selecting audiences, which (generally) understand they're taking on additional risks with the increased benefits.
They may take advantage of having the same freedoms that larger companies just don't exercise, but the idea that their audience is "self-selecting" likely won't hold up or protect them from the kind of litigation that means this is (in practice) a bad idea (from a business survival standpoint).
I see the set as a good thing, but I don't think saying they're protected in any way or that the concerns of larger companies don't apply is accurate.