While I agree that Congress has a legitimate gripe with overstepping unelected officials, I really think that's a separate issue that should be treated independently.

Regarding rules that could unintentionally retard progress - that's not necessarily a bad thing. In the same sense, the FDA retards progress of the pharmaceutical industry. We should be able to decide that some things are harmful enough to individuals and their rights that companies shouldn't be allowed to compete on them, at least beyond a certain level. At the very least, they should be required to make those things as visible to consumers as price, because consumers can only vote with their wallets on things they're aware of.