Again, something that is solvable with smart regulation. E.g. some rules apply only for businesses with more than $100k turnover, or $1M or whatever. Alternatively, your customers need to sign a statement that they will pay out of pocket for any medical costs resulting from eating your sugar (similar to "sophisticated investors" and hedge funds).
But then again, as I said above, I see business as a privilege, not a right. After all, you could also say that your individual liberty is being infringed by taxes - but you can always move to a deserted island, stop using the services provided by the governments, and pay no tax!
