It seems the free-market is alright regulating itself by making these berries an issue.
Not quite-- I still don't know who's making them.
That is why you buy them anyways. If you get sick, you will know not to buy from the seller again. Or if you die from food poisoning, your family will know not to buy from the seller.
If I want to use mercury to homeopathically cure my brain tumor, goddamn it, I should be able to buy it from a basement pharmacist. Prop 215 can suck it. Lead paint for life.
That's the whole point of America.