Stephen, think about Greggs case. He modified his product, tested it, and got inferior results to what he had, and was selling.
You DO see that a jury, in a case against him, would look at that information, and rip him a new one, as he chose to sell a product that he KNEW was inferior to the one he already sold. You have to admit, if it was YOUR life on the line in that courtroom, you'd think VERY hard before making and selling something you KNEW had issues, irregardless of the actual drivers and in field performance.
Bigger picture here, Stephen, if the HANS people had written the spec in a more open manner, this issue would be less likely to exist at all. But they wrote it with clear market limiting intentions, just as SFI empowers, and encourages them to do. And we, the HANS buying SCCA driver, pumps money and makes that relationship and system work, all the way to the bank, or in Arnies case, his Newport Beach CA home.
SFI acts like the white knight, parading around telling us how we are all safe, thanks to the charity of Arnie, yet, in reality, acts in ways to to limit our safety.
It's a shame Snell isn't a broader organization, they seem to have a better model.