If at first you don't succeed, you are not necessarily off the hook, a lesson the FDA has learned all too well in connection with the commercial speech problem. The agency released two new final guidances recently, one for payer communication and the other for general medical product communications, but a significant difference between the drafts and the final guidances is that the final guidances arrive with a nod of approval from two majority members of the House Energy and Commerce Committee, one of the key committees of jurisdiction where FDA issues are concerned.