[logfromblammo]

One option would be to turn FDA-approved into a service mark. No product that has not passed FDA approval testing could bear the FDA's service mark.

This is in line with logos like the UL service mark or service marks indicating kosher products. Products that bear a service mark usually have to pay the mark owner a licensing fee for use of the mark, which may be partially recoverable with higher prices to the customer.

If people trust the FDA, they will look for their mark, and not buy products without it. Service mark counterfeiting would have to be dealt with through civil court cases.

This leaves the market open for a competitor to the FDA to service different consumer needs or for specific product categories.