spoon benders and ghost whisperers
Why worry about it? None of the validation tests that I've seen spoon benders or ghost whisperers perform, using your version of 'logic', are not scientific enough with 1000 benders/whisperers to test against. Especially if the result is Negative. Memory Water is one such item that meets your criteria.
All tests for Memory water have turned out to be a negative result. So I guess theory is still sound for memory water.
So if you're divining, bending cutlery, chasing amorphous farts, making memory water it's all good.