I would observe that private regulatory efforts by definition include private lawsuits, otherwise they'd have no teeth. How does that square with the longstanding conservative campaign to limit product liability lawsuits? As for limiting the dollar amount of judgments, seems to me that if "routine" legal costs are already budgeted as a "routine" business expense, it takes extraordinarily large judgments to make an impression on rogue companies.

The thread's winding down, on a note of agreement, which is my favorite. Rather than reply to "Lower the bar", I'll just say here, "yep, it would be an unalloyed blessing if the cost of testing could come down".

--Robert