factor in differences in our understanding of causality, ethics, and just science in general today. Research design has improved drastically over even the last 5 years.

There was a good reason for the FDA back when things were rudimentary and testing could be done w/out anyone knowing. In today's environment, I don't think that the same concerns exist. Hold the standard of due professional care...get feedback (litigation will ensure that this happens) and then let people go to work.