I respect the regulatory arbitrage, but for example Uber and Airbnb both arguably had pretty revolutionary tech layers on top of that. Trying to figure out what the equivalent here is.
Two, Chevron deference is over. This is linked somewhat to the first - the overreach of federal agencies is now judicially balanced against the economic impact, not merely presumed authorized by Congress. Under this SCOTUS it is relatively uncertain which way FDA's authority will be curtailed - people will try, the fact that FDA wants to regulate the sale of non-invasive diagnostic equipment and mobile apps.. does warrant review and political discussion.
On the manufacturing side of the world, "did this thing show up when I expected" is a remarkably difficult yet valuable question.