According to the U.S. Food and Drug Administration a version of the diet drug Xenical, which will be available without a prescription, may be not be suitable for some people.
Apparently initial data has revealed that diabetics and others for whom the drug is not safe, fail to understand the risk even after reading the label.
An FDA advisory panel of outside experts meets early this week to consider GlaxoSmithKline's petition to sell a half-dose version of Xenical without a prescription.
Should that endorsement from the FDA be forthcoming, the drug, will be the only FDA-endorsed weight-loss drug available over-the-counter.
As a rule the FDA usually follows the advice of its advisory panels, however FDA staff reviewers say documents released ahead of the advisory panel, show some diabetics and other patients who are not supposed to take the drug did not understand the risk after reading the label.
They did however admit that the new version of Xenical helped more patients lose weight after six months than those on placebo.
Generically known as as Orlistat, Xenical helps prevent fat from being absorbed by the body but can apparently cause excess gas and an oily discharge.
Glaxo says the nonprescription sales would help fight the soaring obesity rates in the United States, making it easier for overweight Americans to seek treatment.
The British drug maker says, used along with a behavioral support program and other support material it will present a weight loss program.
Xenical is one of the two main prescription obesity drugs on the U.S. market.
Drug company Abbott's Meridia, works by suppressing the appetite.
However analysts have said side effects already keep prescription Xenical sales low, but agree that there is a market waiting for an easy-to-buy, effective weight loss drug.
U.S. government data shows that as many as 65 percent of Americans are overweight or obese.