erpy- FDA is waiting for congressional action to take it off their plate. FDA will never do this on their own, too much control by big pharma. FDA's primary 'unofficial' job is protecting pharma profit interests.
if FDA has it's way, it will be 3-5 years before a full ruling is out, and even then, it will likely be crafted in a very confusing and weak sauce manner.
congress has to step up and force the action. FDA has even stated as such.