No, it's not. And it saddens me that you think it is. This is an issue of regulatory capture, not "Should we have these laws." The entire article is about regulatory capture, and how special interest groups are able to effectively block changes to these laws. The fact that Europe (or at least some of Europe) doesn't have these laws is completely irrelevant.

The whole point behind regulatory capture is that "whether or not the sky has fallen" is not necessarily a deciding factor in creating or keeping a law. So, no, it's not really relevant that the lack of a law in another country has worked out all right.