The MDL Judges in both Vioxx and Zyprexa have rejected the 2006 Preamble and Defendants’ claims of preemption. As found by Judge Fallon: “The 2006 Final Rule does not carry the force of law and does not purport to interpret a specific statutory or regulatory provision” and hence “the Court will defer to the FDA’s current views only to the extent that they have the ‘power to persuade.'” As the FDA itself had consistently recognized that State Law claims could co-exist with Federal Regulation of prescription drugs up until January 24, 2006, “the agency’s statements on preemption in the preamble to the 2006 Final Rule lack the ‘power to persuade.'” See In re Vioxx Products Liability Litigation, MDL No. 1657, 2007 WL 1952964 (E.D.La. July 3, 2007); and, In re Zyprexa Products Liability Litigation, No. 04-MD-1596, 2007 WL 1678078 (E.D.N.Y. June 11, 2007).