An advisory committee recently voted in favor of the drug, though it noted concern over “profound sedation” that occurred for a few hours in a small number of patients who received the injected drug.

At the time the advisory committee met, all of the reported cases of profound sedation had occurred within three hours of the time the patient received the drug. But in a recent case that hadn't been fully investigated when the committee met, the sedation came on between three and five hours after the patient received the drug. The FDA cited this case in the non-approvable letter it sent to Lilly, the company said.

Meanwhile, in Alaska, the company’s getting ready to go to court next week in what the WSJ says will be its first civil suit over the regular form of Zyprexa. The state’s attorney general accuses the company of failing to warn patients of the drug’s side effects, which include weight gain and the risk of diabetes. And the AG says the company made deceptive claims in marketing the drug, improperly driving up use (and the state’s cost in buying it for Medicaid patients).

The trial will be closely watched, because it could have an effect on the megasettlement the company’s reportedly negotiating with the feds and a bunch of state attorneys general.