The FDA acknowledged that it was concerned about the events noted in Public Citizen's petition, but it felt that the cautions on the drug's label were sufficient warning for anyone at risk for cardiac complications.

On May 21, 2002, Public Citizen announced that it had examined the recently released FDA inspection report of one of the Abbott factories. The report stated that one death associated with Meridia had not been reported to the FDA and that reports to the FDA on seven other deaths were either inaccurate or incomplete, based on case files found. Public Citizen then called for criminal charges to be pressed against Abbott for illegally withholding information from the FDA regarding these deaths and negative side effects in Meridia patients.

On June 4, 2002, Abbott responded to Public Citizen's new accusations, insisting that the unreported death was an unconfirmed rumor, and that Abbott had "fully responded" to all of the other findings in the FDA report.

Nonetheless, on July 19, 2002 the FDA issued a formal warning letter to Abbott, concerning delays in reporting adverse drug events.

On September 3, 2003, Public Citizen submitted an updated petition to the FDA, reiterating its position that Meridia should be banned from the marketplace, and updating to 49 the number of cardiovascular deaths among users of the diet drug.