The problem is that even this has a chilling effect on innovation:

1.It will dissuade some people from starting in the first place because it's one more hurdle. Even if in practice people don't comply, the existence of that complexity will dissuade some people.

2.Even if nobody is being prosecuted for mailing 10 anti-static bags, what is the number at which you do comply? And once you do, will you be held accountable for everything that came before?