Wow - people are really buying the government spin hook, line & sinker.
This is the government finally admitting they have a huge tort liability to these retailers. It's clear they have no plan in place to even deal with this retailer inventory. The retailers have a duty to mitigate their losses or they lose the ability to get compensated for just that portion of their losses through lawsuits.
This is not losing. It may not be winning either but it is certainly weathering.