So yes, normally in order to proceed to a Phase III trial a company would need to see convincing evidence of efficacy. But it's not something the FDA will enforce - the FDA basically takes the view that if a sponsor wants to spend the money to enroll a trial they can, provided safety has been established.
My only point here is that entering Phase III is, by itself, not an endorsement by the FDA of efficacy. It is a modest endorsement of safety.