In the situation you describe, the settlement is weak evidence for the product not working. Weak evidence is still evidence. The flaw in “Absence of evidence is evidence of absence,” is that the saying omits the detailed description of how to correctly weight the evidence, but this omission does not make the simple statement untrue.
In the situation you describe, the settlement is weak evidence for the product not working. Weak evidence is still evidence. The flaw in “Absence of evidence is evidence of absence,” is that the saying omits the detailed description of how to correctly weight the evidence, but this omission does not make the simple statement untrue.