23andMe battles a class action lawsuit filed in the U.S. district court of California. The U.S. Food and Drug Administration (FDA) ordered the Silicon Valley genetic testing company to stop sales of their $99 online DNA test kit. The class action lawsuit alleges that the company’s advertisements of the 23andMe personalized DNA test kit is misleading to customers.
23andMe battles class action lawsuit
The FDA cited their main allegation that the company failed to prove the technology of the test kit is supported by science. The lawsuit also alleges that the test kit results are “meaningless” and 23andMe uses misleading and false advertising in promoting their service to U.S. customers.
The complaint also comments that 23andMe is attempting to build a DNA database after acquiring the users’ genetic information, and then sells the information to research scientists. The FDA issued warnings to the company as early as 2010, stating that 23andMe test kit is considered a medical product and is a merchandise bound to federal review. Under California law, this class action lawsuit is seeking $5 million for thousands of U.S. customers.
23andMe faces a huge challenge
According to 23andMe, their personalized DNA test set provides analysis which offers customers a clear understanding into the users’ future health risks, including 240 diseases and conditions. The analysis is based on the clients’ ancestry. Moreover, 23andMe has no comment on this legal matter.
The company stopped all advertisements online, on television, and radio. However, the personalized DNA test set is still displayed on the company’s website and the company refuses to comment further. For years, 23andMe co-founder, Anne Wojcicki, and her recently separated husband, Google co-founder Sergey Brin, invested millions into the privately held, genetic testing company. 23andMe is faced with an enormous legal battle in the months to come.
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