An important question in turbulent Rayleigh–Bénard convection is the scaling of the Nusselt number with the Rayleigh number in the so-called ultimate state, corresponding to asymptotically high Rayleigh numbers. A related but separate question is whether the measurements support the so-called Kraichnan law, according to which the Nusselt number varies as the square root of the Rayleigh number (modulo a logarithmic factor). Although there have been claims that the Kraichnan regime has been observed in laboratory experiments with low aspect ratios, the totality of existing experimental results presents a conflicting picture in the high-Rayleigh-number regime. We analyse the experimental data to show that the claims on the ultimate state leave open an important consideration relating to non-Oberbeck–Boussinesq effects. Thus, the nature of scaling in the ultimate state of Rayleigh–Bénard convection remains open.