i don't think that's true...but, it might be the first time FDA broke a spa without safety being a concern. I honestly think AMRN has legal recourse for that reason but they would have to be represented by firms who are willing to work for winnings since they can't afford paying a lawyer now!
AMRN has a case because they can argue that they wouldn't have proceeded with RI spending millions had they not had the assurance of the SPA.
If there was a safety issue, it could not qualify as breaking the SPA. This is actually the first time in FDA history they've reneged on an SPA. We're going to be the most famous biotech investors ever!