You really expect them to be optimistic when the football has been yanked away so many times? Then you get more whacko ambulance chasers filing waste of time suits because they were "promised" the decision would go our way. Better to plan for the worst, under-promise and over-deliver.
I still think there's a good chance the FDA screws us again, but it does feel the odds are a bit more in our favor with recent studies being release, and the congressional oversight. Surely Jenkins and the council have political cover to reverse the lower levels IMO.
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