Maybe trying to engineer addiction is what should be illegal, and if you want to question "how do you define whether something is addictive" you don't need an objective measure: you determine whether it seems like the people making the product seem to think that's their goal.
"you know it when you see it"
This would then mean that "our expert witness has strong evidence that my client's product area is not 'addictive', so my client could not ever be said to be engineering addiction" would not be a defense any more than "the plan my client came up with to kill their alleged victim could not possibly have worked, so my client can not be charged with attempted murder" is (at least generally, afaik) not a defense.