The problem with letting “the market” decide things like this is it requires first that someone gets hurt. Then they need to wage and information campaign against said company. Or we can just have a law that says this is bad and be done with it.
We have a good system, and this video shows it functions well.
Companies, unchecked, will kill as many people as they can to make more profit. History proves this, it’s not a hypothetical. Laws are the only lever we have to keep profit incentive aligned with the common good.