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The regulations in the US are indeed pretty annoying, but I think it's still legal when they meet all the FDA requirements for handheld lasers class 3b or higher aka. beamshutter safetyswitch and so on. For example some of the skylasers in the voting (https://www.massdrop.com/vote/lasers) have all FDA safety features.
Also laser modules are totally legal to import, because they are obvisiously no handheld lasers. So importing hosts and modules to the US is totally legal. I think some would even prefer they modules, because you can make your own custom lasers with it. CNI for example also offers every module they use in their pointers without the host
IMO there are 3 Ways you could still sell lasers with higher output than 5mw
1. Sell laser pointers that meet all FDA requirements and are made by companies that aren't on th FDAs red list.
2. Sell modules only.
3. Sell modules with fitting hosts or kits like the survivallasers kit (it comes also from the USA so no problem with costums anyway) in the voting
The disadvantage of 2. and 3. is that it requires a little knowlegde. (3. IMO isn't more complex than building a shelf with instrutions that are also given in case of survivallasers)
Also I see that many lasers experts are here like SodaAnt and Massdrop is well known on LPF (laserpointerforums.com). So from my point I see many experienced potential buyers that would be happy about modules or kits.
Please think it over Massdrop is great and it should be possible to use the advantages of this plattform to get good priced high quality lasers.