November 2024
Background: Compliance with research ethics legislation is a crucial issue for the protection of the rights of people taking part in clinical trials. Researchers have the opportunity to alert publishers when they have concerns about possible non-compliance with this legislation by other authors, and this opportunity for independent scrutiny is important. Nevertheless, some alerts may turn out to be unfounded due to a misunderstanding of the legislation or shortcomings in the analysis of the publications concerned. Methods: We present the analysis of the article by F. Franck et al. « Raising concerns on questionable ethics approvals - a case study of 456 trials from the Institut Hospitalo-Universitaire Méditerranée Infection » [1] in which the authors explain having sent numerous emails to different publishers to express their concerns about potential ethical breaches in 456 publications from a single French institution. We analyzed in detail the 248 studies that the authors present as suspect on the grounds that they all mention the same ethical number. We have also studied the texts of French law and the content of presentations given by institutions specializing in clinical research, explaining the framework of the Jardé Law. Results: Our detailed analysis of these 248 studies discovered that only seven of them report research involving humans. All the others are secondary research on existing biological samples and most of them present the results of genomic analyses of new bacteria discovered by the authors. In France, as in many other countries, research on biological samples that have already been collected for care purpose or as part of a previous study and research on micro-organisms are not research involving human subjects. The rules that apply in these specific contexts are therefore different. Conclusions: Assessing the ethical conformity of scientific publications must be based on a precise knowledge of the legislation and a rigorous analysis of these publications. When researchers who alert publishers confuse research involving the human person with research not involving the human person, the publishers are in danger of being misled by these unfounded alerts. This can have deleterious consequences for the authors but also for the entire scientific community through the distrust generated towards medical research.