The scientific process relies on people’s willingness to publish data-driven findings. Turning to the legal system to adjudicate the merit of evidence-based assertions in the scientific literature leads us down a dangerous path.

Scientists often publish their research findings with some trepidation. They may wonder if the results will be replicated, and whether the conclusions of their study will have influence on their field. One thing that rarely comes to mind is a concern of being sued in court. But there are examples of scientists coming under legal attack for expressing their data-driven findings. The potential chilling effect of such lawsuits on our modern scientific discourse cannot be ignored, nor should it be tolerated.
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In a case reported on in January by STAT News, Harvard researcher Pieter Cohen had to defend himself in US federal court over a study that he had coauthored in the journal Drug Testing and Analysis (Drug Test. Anal. 8, 328–333, 2016). The study had analyzed popular supplements and looked for the presence of β-methylphenylethylamine (BMPEA), a compound that is chemically similar to amphetamines. It found BMPEA in six weight-loss products made by the company Hi-Tech Pharmaceuticals. The paper noted that the safety and efficacy of BMPEA had not been proven in human studies.
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