Present legislation does not require tests to be evaluated in the settings where they will be used, and for the evidence to be independently scrutinised and publicly available. Currently, the performance of diagnostic tests is not held to a common statistical benchmark in either the UK, US, or EU, whereas the regulatory regime for drugs and vaccines is more stringent. Covid-19 has brought this longstanding problem to the fore, as tests have come to market without evidence of their accuracy for many of the uses to which they are being applied and have been marketed with claims not supported by strong studies.