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Editorial · CASRAI · publishing

HHS Presses a Publisher Over an Expression of Concern: The Sage Open Medicine Letter

HHS Secretary Kennedy has given Sage Open Medicine until Aug. 15, 2026 to justify a May expression of concern, citing COPE notice-transparency rules. Verified timeline and open questions.

Published 6 Aug 2026· 8 minute read

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The Department of Health and Human Services (HHS) has told the publisher Sage that it must explain, in detail, why it placed an expression of concern on a 2020 vaccine study — or answer to Secretary Robert F. Kennedy Jr. by August 15, 2026. The letter is the second time in three months Kennedy has pressed a journal publisher over an editorial decision on vaccine-related research, and it raises a genuine governance question that has nothing to do with the underlying vaccine claims: what is a publisher obliged to disclose about an ongoing integrity investigation, and to whom?

What the letter demands

In a letter dated July 29, 2026, addressed to Sage Open Medicine managing editor Prajakta Mane, Kennedy asked the journal to justify an expression of concern it had placed on a 2020 article by Brian S. Hooker and Neil Z. Miller, “Analysis of health outcomes in vaccinated and unvaccinated children: Developmental delays, asthma, ear infections and gastrointestinal disorders.” According to reporting on the letter, Kennedy cited COPE guidance holding that an expression of concern should state the reasons for the action, noted that Sage’s published notice did not, and asked for the journal’s internal analysis plus a specific statement of reasons by August 15.

We were unable to independently obtain a copy of the letter itself; the account above draws on reporting from Children’s Health Defense (CHD), the advocacy organization whose chief scientific officer, Brian Hooker, co-authored the paper under investigation — a direct interest readers should weigh when assessing how the letter’s contents are characterized. HHS had not, as of this writing, published the letter itself, and Sage had not issued a public response. The August 15 deadline has not yet passed.

The study and the expression of concern

The article at the center of the letter was published in Sage Open Medicine in May 2020 after peer review. It reported associations between partial vaccination status and several childhood health outcomes, drawn from a parent-reported survey rather than clinical or claims data. Sage notified Hooker in April 2026 that it was investigating the article following criticism raised on PubPeer, the post-publication review platform. On May 18, 2026, Sage published a formal expression of concern on the article. The notice itself is brief: it states that the article “is under investigation” and that the expression of concern “will remain in place until the investigation concludes, and a final decision has been made,” without further detail on what prompted it.

That brevity is the crux of Kennedy’s complaint. COPE’s guidance and the related NISO CREC recommended practice both call for expression-of-concern notices to state, in general terms, why a paper is under scrutiny — precisely so that readers aren’t left to guess whether the concern involves data integrity, methodology, undisclosed conflicts, or something else. Publishers, in turn, routinely decline to detail an investigation’s substance while it is still open, on the grounds that doing so can prejudge a finding, expose confidential peer-review material, or invite pressure on the editors running it. An expression of concern is not a retraction and does not itself represent a finding of wrongdoing; see also retraction vs. correction for how these editorial notices differ.

Two letters, one pattern

The Sage letter is not an isolated event. It follows a June 2026 letter from Kennedy to a different publisher over a related retraction, and a parallel congressional inquiry into that same case.

Date Event
May 2020 Sage Open Medicine publishes Hooker & Miller’s vaccinated/unvaccinated outcomes study after peer review.
2021 Elsevier’s Toxicology Reports publishes a separate, single-author Miller analysis linking VAERS-reported SIDS cases to recent vaccination.
April 9, 2026 Toxicology Reports issues a retraction notice for the 2021 Miller paper, citing methodological flaws in the use of VAERS data to infer a vaccination–SIDS correlation.
April 2026 Sage notifies Hooker that it is investigating the 2020 paper, following criticism posted on PubPeer.
May 18, 2026 Sage publishes an expression of concern on the 2020 paper, stating only that it is under investigation.
June 11, 2026 Kennedy writes to Toxicology Reports editor-in-chief Lawrence H. Lash, calling the retraction notice “woefully insufficient” and demanding a fuller accounting by June 25.
June 29, 2026 Sen. Ron Johnson writes separately to Toxicology Reports’ editor-in-chief and Elsevier’s CEO demanding the underlying decision-making records; made public July 13.
July 29, 2026 Kennedy writes to Sage Open Medicine managing editor Prajakta Mane, demanding the internal analysis behind the May 18 expression of concern and specific reasons for it by August 15.
August 15, 2026 Kennedy’s stated deadline for Sage’s response. Not yet passed at publication.

The two cases involve different publishers, different papers, and different editorial actions (a retraction versus an expression of concern), but the same requesting official, the same broad subject matter, and the same basic demand: a more detailed public account of an editorial decision than the publisher had initially provided.

The governance question

Commentators who have followed the Toxicology Reports case have raised a question that applies equally to the Sage letter: whether a sitting HHS Secretary directing letters at individual journal editors, on a compressed deadline and in legal-adjacent language, is a legitimate transparency push or pressure on editorial independence. Kathleen Hall Jamieson, a University of Pennsylvania communication professor and co-founder of FactCheck.org, has characterized the pattern as one in which Kennedy “calls for retractions of things he does not find ideologically convenient” while “overstepping his authority.” Rod Abhari, a University of Wisconsin–Madison scholar quoted in the same reporting, argued the actions risk “suppression of academic freedom” even while allowing that Kennedy’s underlying transparency question — that retraction and expression-of-concern notices often give readers too little to go on — is “fair.” That second point is the one CASRAI’s audience should not lose in the politics: vague editorial notices are a longstanding, legitimate complaint independent of who is making it, and it is exactly what COPE and NISO CREC guidance already try to fix.

What is, and isn’t, established

  • Established: Sage issued an expression of concern on the 2020 Hooker & Miller paper on May 18, 2026, and the notice as published states no specific reason. This is confirmed directly from Sage’s own published notice.
  • Established: Elsevier’s Toxicology Reports retracted a separate 2021 Miller paper on April 9, 2026, citing methodological flaws, and HHS pressed that journal for more detail in June.
  • Reported, not independently confirmed by CASRAI: the specific date, addressee, and full contents of the July 29 letter to Sage, which we have only through reporting by the study authors’ own advocacy organization.
  • Not yet known: what Sage’s investigation has found, whether it will meet the August 15 deadline, and whether the expression of concern will ultimately convert to a retraction, be resolved with a correction, or be lifted without further action.

Why this matters beyond one journal

For research-integrity and editorial-office staff, the substantive issue isn’t which side of the vaccine question is right. It is that the case sits directly on top of an unresolved practical question in publication ethics: how much explanation an expression-of-concern notice owes the public while an investigation is still open, and who gets to compel more of it. COPE’s own guidance and NISO CREC both push toward more informative notices; publishers’ standard practice, for confidentiality and legal reasons, has generally pushed the other way. A cabinet secretary’s letter, on a hard deadline, is a new kind of pressure on that balance — and however this specific case resolves, editorial offices should expect more of it, not less, the next time a high-profile paper on a politically salient topic draws an integrity notice.

Frequently asked questions

What is an expression of concern, exactly?

It is a formal editorial notice, distinct from a retraction or a correction, that flags a published article as under investigation without withdrawing it or asserting a finding. See CASRAI’s expression of concern entry and retraction vs. correction for how the three notice types differ in practice.

Has Sage said why it opened the investigation?

Not publicly beyond noting the article is under investigation. Reporting indicates the review followed criticism of the study’s methodology posted on PubPeer in April 2026, but Sage has not published a detailed rationale.

Is this the first time HHS has pressed a publisher this way in 2026?

No. In June 2026, Kennedy sent a comparable letter to Elsevier’s Toxicology Reports over its retraction of a different, related Miller paper, and Sen. Ron Johnson sent a separate records request to that journal and to Elsevier’s CEO the same month.

Does an expression of concern mean the study was wrong?

No. It means the journal has open questions it has not yet resolved. Treating an expression of concern as equivalent to a finding of error or misconduct is a common misreading CASRAI’s expression of concern entry addresses directly.

What happens after August 15 if Sage doesn’t respond in full?

No enforcement mechanism compels a publisher to respond to a cabinet secretary’s letter on any particular timeline; the June deadline in the Toxicology Reports case passed with continued correspondence rather than a resolved outcome as of this writing. We will update this page if Sage responds or the investigation concludes.

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