I don't understand how the token burning would make this a security. But constant token burning would probably be an annoyance when dealing with coinmarketcap and the total amount of the tokens
Burning tokens can make it an calculated investment like for example dividend. with burning tokens we mean tokens that get burned based on for example revenues not unsold tokens.
Ah, that makes more sense. Is there no work-around that you could use to burn tokens? Some legal loophole with a different reasoning to burn?

I wouldn't risk it. If their legal team said that burning tokens could lead to the tokens being ruled as securities, they should avoid it under any circumstances. Even if there might be a loophole, you don't want to mess with the SEC. Better to be an clear utility token.