I want to know if the following message could be considered transactional or marketing messaging?

Background: we are a grocery store with an ecommerce website platform. We have customers that create accounts to save purchases and favorite products, etc... We also have various email "buckets" (different types of email campaigns, culinary expertise, whats on sale, health wellness tips for example) that anyone can sign up for. We also have a loyalty program which is also a marketing bucket that gets deals personalized to them, coupons, etc...

Message: We recently built an app that's like our ecommerce website, but wanted to promote that it is launched in the app stores.

I was given a list of our top 50,000 ecommerce account customers. I took that list and narrowed it down based on if these same customers were signed up OR opted in to our loyalty program email bucket. This dropped the 50,000 customers down by half.

The business has asked, can this app launch email be considered transactional (by can-spam law) and sent to the entire 50,000 list.

Would love some feedback and some arguments for or against considering this email transactional or not!