Our free society lived with the alternative. And they collectively decided "the right to be defrauded is a false liberty, this is no the way forward, let us try another way."

And you know what? We've moved further forward, faster since these regulations were put into place. When people have trust that they're not being defrauded, they participate in the market to a far higher degree. When companies don't have to compete against charlatans, don't have to balance every dollar of research with a dollar of trying to educate the public about what is and what is not medically sound, they invest far more into their research efforts.

The best snake oil salesmen believe in their products. There are already exceptions for allowing people to take highly experimental procedures when there likely to die without them. However, there are plenty of cases where highly trained well meaning doctors caused massive suffering without benefit to their direct patents.

As a recent example of fringe medicine, a few athletes have injected themselves with stem cells. Not to mention the modern version of doping which often involves substances that are known to be harmful or medicine has little idea what the long term effects are.