The Supreme Court recently ruled in the case of Wyeth v. Levine that state failure to warn claims are not pre-empted by federal drug labeling laws. It has been suggested that this ruling indicates a major shift away from protection of business by the Supreme Court. Some suggest this clears the way for the proposed legislation granting similar rights to patients who use Class III medical devices. Proponents of the new legislation say that the FDA is woefully understaffed and therefore there is not adequate protection for the consumer offered by proper FDA investigation of products.