The FDA must be in sympathetic mood.
According to published reports, they are planning declare that federally approved medication labels pre-empt state law. If that happens pharmaceutical makers' defenses against lawsuits claiming injury by the companies' products will become much stronger.
As expected, product liability attorneys are crying fowl and they have a good point. If the FDA follows through with the proposed declaration pharmaceutical companies would become even less responsible for the safety of their medications. This is not a good thing when you consider the recent rash of product liability suits that have surfaced in recent years.
At a time when companies like Merck are coming under fire for not protecting the safety of their clientele the last thing that should be done is to make them less liable for the effects of their drugs.